A jury has been ordered to find a man not guilty of carrying out a terrorist act after hearing he was experiencing a psychotic episode when he fired bullets into traffic and took two men hostage in a dive shop.
In the fourth week of the Supreme Court trial of Simon Fleming in Parramatta, Justice Helen Wilson directed the jury to return a verdict of not guilty for the charge of engaging in a terrorist act under the mental health act.
The court heard Mr Fleming was dressed in black and carrying two rifles and a silver briefcase designed to look like a bomb when he left his home in the Illawarra suburb of Windang on November 28, 2021.
Mr Fleming walked to Windang Road where he fired a number of shots into the air and one round into the front of a car before he barricaded himself in a dive shop with two men.
He surrendered himself to police after an hour-long stand-off and no one was injured during the incident.
Forensic psychiatrist Adam Martin gave evidence during the trial Mr Fleming suffered from schizophrenia which impaired his understanding of his actions on that day.
"Having regard to the evidence of mental health impairment, there is no doubt that the accused was suffering from schizophrenia, or schizo affective disorder," Justice Wilson said.
"He did not know the nature and quality of his act, or more probably he did not know that his act was wrong."
During the trial the crown argued Mr Fleming was motivated by right-wing ideologies which prosecutor James Renwick said could be considered "anti-Islamic, transphobic or homophobic".
Mr Fleming's manifesto was tendered to court which Mr Renwick said was concerned with white genocide and disliked political correctness, feminism and cultural Marxism.
Last week the crown accepted the evidence of Dr Martin in regards to Mr Fleming's mental health, and yesterday said there was insufficient evidence to prove he engaged in a terrorist act.
'Sad descent into withdrawal'
The trial heard Mr Fleming became addicted to medication prescribed for a workplace back injury suffered in 2005, including opioid pain killers and antipsychotic medication.
Mr Fleming had run out his prescription medication by the morning of the incident, which the trial heard triggered a psychotic episode due to his withdrawal from the drugs.
Ms Wilson said evidence from witnesses who encountered Mr Fleming on the morning in question, including his mother Carol Fleming and dive shop attendant Neill Hay, supported the finding that he was experiencing a mental health episode.
"Mr Hay, who spent about half an hour with Mr Fleming on this day was of the view that Mr Fleming was very clearly unbalanced," Ms Wilson said
She said Carol Fleming's testimony was eloquent of the sad descent into withdrawal and illness experienced by her son in recent years, and of his distressed state on that day.
Justice Wilson said the remaining 11 charges relating to his firearms, the fake bomb and the hostages were "proven" but they would also be dealt with under mental health legislation.
She said it meant Mr Fleming was "not criminally responsible for them".
Defence barrister Leah Rowan said she would be seeking that Mr Fleming be moved to a dedicated mental health facility in Sydney.
"The court makes an order that Mr Fleming be detained in the justice health forensic network hospital at Malabar pending further order under this section," Justice Wilson said.
Justice Wilson discharged the jury, thanking them for their service and for listening to the evidence which in some cases was "distressing".
