The high-profile trial of a gunman who took two hostages inside of a Windang dive shop after firing bullets into the air has collapsed, after a Supreme Court judge confirmed he will be dealt with under mental health legislation.
Subscribe now for unlimited access.
or signup to continue reading
A jury was directed to find Simon William Fleming not guilty of committing a terrorist act due to being mentally impaired when he stalked through Windang with two guns slung over his shoulders in November 2021.
The verdict was formally returned in the trial's fourth week on Tuesday, finding Mr Fleming not criminally responsible for his actions.
The Crown conceded Mr Fleming, 41, was affected by mental illness after forensic psychiatrist Dr Adam Martin gave evidence that Mr Fleming's actions were "very closely associated" with a schizo-effective disorder.
"Mr Fleming was in fact, mentally ill at the time of the acts charged against him," Justice Helen Wilson told the jury on Tuesday, May 14.
On Monday, the Crown said there was "insufficient evidence" left to prove Mr Fleming committed a terrorist act.
"That's the fairest thing thing I've seen the Crown do in the course of these proceedings," Justice Wilson said.
In opening submissions, defence barrister Leah Rowan argued Mr Fleming had no understanding of what he was doing when he set off towards Windang Rd dressed head-to-toe in black on the morning of November 28, 2021.
The court heard evidence from several witnesses who saw Mr Fleming spray bullets into the air and at their cars, with one man saying he was "terrified" for his life.
Mr Fleming then walked into Windang Dive and Spearfishing, and allegedly said "I'm a terrorist" before he took owner Keith Woods and employee Neil Hay hostage.
Mr Woods managed to get outside while Mr Fleming barricaded himself and Mr Hay in the shop during an hour-long standoff with police.
Mr Fleming eventually surrendered. No one was harmed during the incident.
The Crown previously alleged Mr Fleming was motivated by right-wing extremist ideologies set out in a manifesto he penned, titled 'The Fuse'.
"In 2008, he had prior treatment in the community ... I think the most likely explanation was that he was mentally ill and vulnerable in getting involved in extremist ideology," Dr Martin said.
In an interview with police following his arrest, Mr Fleming denied telling hostages in the dive shop he was a terrorist.
He told detectives he was withdrawing from anti-psychotic medication, and that he wasn't trying to "hurt anybody", he was "just trying to get people's attention".
Justice Wilson thanked the jury for their service during the trial which was adjourned multiple times last week while legal counsel argued over whether Mr Fleming fell under the defence of mental impairment.
"There is no dispute [Mr Fleming] was seriously psychologically ill on that day," Justice Wilson said.
Mr Fleming was cleared of his terrorist charge and the matter will return to the NSW Supreme Court on May 31 for mention.
From the trial:
- Windang's alleged right-wing terrorist Simon Fleming feared 'white genocide', court hears
- Alleged Windang terrorist not some 'psychopathic murderer who kills for thrills'
- 'I'm a terrorist', accused Windang gunman told dive shop hostages, jury told
- 'I've waited years to tell this story,' says mum of accused Windang terrorist
- Windang dive shop worker Neil hay praised for kindness to terror accused
- Windang accused shooter impaired by psychosis during 'terror' event, jury told
Read more Illawarra court and crime stories here.
Our news app has had a makeover, making it faster and giving you access to even more great content. Download The Illawarra Mercury news app in the Apple Store and Google Play.
Grace Crivellaro
Court reporter for the Illawarra Mercury.
Court reporter for the Illawarra Mercury.
