In the tranquility of the ordinarily peaceful town of Windang, just south of Wollongong, terror reigned supreme during an alarming incident in November 2021. In the eye of the storm was Simon Fleming, a local man who, in a severe episode of a mental ailment, perpetrated a harrowing siege. Clad in black, he strode the main street armed with a lethal combination of a rifle, a gel blaster, and a deceptive makeshift bomb, striking fear into the hearts of innocent bystanders.
The incident climaxed with Fleming discharging multiple shots into the air and a bystander’s vehicle. Remarkably, one bullet ruptured a Colorbond roof nearly three kilometers away. He further escalated the situation by holding two individuals captive in a nearby diving store. The hour-long ordeal ceased when he released the hostages and surrendered to the authorities. Fortunately, no one was injured in the course of this chilling event.
As word of the incident circulated, a violent furor was stirred. After a grueling trial, Simon Fleming was acquitted of a count of performing a terrorist act. A decisive factor in this verdict was the clear evidence that he was under the influence of severe mental illness during the event. Additionally, a significant piece of psychological evidence that was deemed inadmissible influenced the jury’s decision to find him not guilty of the charge.
All remaining charges, including owning an unauthorized firearm and abduction with intent to gain advantage, were addressed on mental health grounds. This follows the discovery of child abuse material — two videos and over 2210 pictures in his possession; a find made when his house was searched following the hostage situation.
Contrastingly, Fleming pleaded not guilty to the child abuse charges before the Supreme Court. Reports indicated that two forensic psychiatrists determined Mr. Fleming suffered from a schizophrenic disorder at the time in question.
In a unique verdict by Justice Helen Wilson, Fleming’s act was proven but judged to be not criminally responsible on mental health grounds. Mr. Fleming, via a video link from Long Bay Correctional Complex hospital, was ordered by Justice Wilson to be admitted and supervised by the Mental Health Review Tribunal in the correctional facility’s medical infrastructure.
Evidence presented in court revealed that Fleming had previously been directed to a psychiatrist and put on antipsychotic medicine. After his arrest, he confessed to officers that his medication had no impact on him, and he regularly consumed several days’ worth of pills at once. On the day of the shocking occurrence, he had depleted his supply of pills and reported experiencing opioid withdrawals.
Detailing his recollection of the incident, Fleming purported remembering ‘flashes’ from when he left his home at 9am and his subsequent arrest an hour and a half later. He dismissed the manifesto offhandedly, labeling it as a nonsensical tirade, stating he intended to display a sign reading ‘Australia for a Republic’ beside the dummy bomb. However, he had forgotten it while exiting his home. Despite the terrifying ordeal he inflicted on his hostages, Fleming disclaimed any intention to harm or being a terrorist.
It appears that the jurisdictional saga surrounding Fleming will continue, as his counsel had hinted a claim for legal costs, with deliberations set to resume later this month.
