A man charged with terrorism after allegedly firing a hail of bullets into the air and taking two hostages has been cleared on mental health grounds.
Simon Fleming, 41, was arrested and charged with six offenses after allegedly shooting at passersby at about 9:30am on 28 November 2021 and then barricading himself inside a dive shop in Windang in south Wollongong.
A jury acquitted him on a single charge of terrorism in Parramatta court on Tuesday after weeks of legal arguments surrounding his history of mental health problems.
A jury must acquit a man charged with terrorism after he took two people hostage and fired bullets into the air
The court was told that Fleming had left his home in Windang with two guns – a rifle and a gel blaster – a fake bomb and a manifesto on a USB stick entitled ‘The Fuse’.
He later fired at a passing vehicle and into the air, puncturing a roof 1.7 miles (2.8 km) away.
He also briefly held two people hostage inside the store for about an hour before surrendering to heavily armed police.
No one was injured in the incident.
His defense team, consisting of attorney Aaron Kernaghan and attorney Leah Rowan, had maintained that Fleming was mentally ill during the incident.
Judge Helen Wilson on Tuesday ordered the jury to acquit the serious charge after days of legal discussion between Mr Fleming’s legal team and the prosecutor.
“There is no doubt that Mr. Fleming was seriously mentally ill that day,” Judge Wilson told the jury.
She ruled that the evidence of one expert witness was inadmissible, leading the Crown Prosecutor to admit that there was insufficient evidence to support the charge.
The The Sydney Morning Herald reported that the jury was unaware that the prosecution had admitted to terrorism charges on Monday.
The foreman of the jury made the acquittal decision shortly after the judge’s order.
The defense team of Simon Fleming, 41, (pictured) successfully argued he was mentally ill, saying he was ‘god told’ to lead Australia to a republic
Fleming’s mother issued a statement through Mr Kernaghan following the verdict.
“I’m relieved that what has been happening to Simon and our family for years is finally getting attention,” she said.
“We’ve been trying to get help for years, but no one — doctors, psychiatrists, anyone — would do anything but prescribe more and more drugs.
“And I’m so relieved that a Supreme Court justice has finally paid attention and seen Simon for the sad story he is.”
The remaining 11 charges will be heard on grounds of mental health.
They include firing a firearm in a manner that could result in injury, taking/holding a person to gain advantage, unauthorized possession of a weapon, and possession of a prohibited firearm
It means that the acts have been proven, but Mr Fleming has not been held criminally responsible for reasons of mental health.
The court was told that Mr. Fleming had been diagnosed with schizophrenia by two doctors.
Judge Wilson ordered that Mr. Fleming be taken to a mental health facility at Long Bay Jail.
In a statement released by Fleming’s defense team (pictured), his mother said she was “relieved.”
The court was told Mr Fleming had previously been referred to a psychiatrist and prescribed antipsychotics.
In a police interview, he told officers he had taken his remaining pills two days earlier and had gone through opioid withdrawals by that morning.
He told officers he could only remember “flashes” between the 9 a.m. departure and his arrest about 90 minutes later.
When asked about the manifesto by police, he described it as a “fucking stupid diatribe”
He denied trying to hurt anyone or telling his two hostages, “I’m a terrorist.”
“I didn’t say ‘I’m a terrorist,'” he said in his police interview played before the jury earlier this month.
‘Because I think they’re more organized than I am.
“I’m just a jerk who took a gun.”
He said he had been planning the event for several years and planned to place a sign reading “Australia for a Republic” on the road next to the fake bomb.
But as he walked out his door, he forgot the sign, he told police.
He also told officers he was “told by God” to lead the charge that Australia would become a republic ever since he saw a face in the clouds on New Year’s Eve in 2018.