Simon Fleming: Alleged Windang gunman hit with unprecedented terrorism charge

The man who allegedly sparked panic throughout the Illawarra last year after firing shots down a busy Windang road has been charged with terrorism offences.

The man who allegedly caused hours of panic in Windang in late November last year has been charged with engaging in an act of terrorism after an ongoing investigation by the NSW Joint Counter Terrorism Team (JCTT).

It is the first time an individual has been charged with this crime in Australia.

Simon Fleming, 40, is accused of firing a Mauser .308 rifle multiple times down busy Windang Rd, the main road through the lakeside Illawarra suburb, around 9.30am on Sunday, November 28, 2021.

Fleming allegedly barricaded himself inside the Windang Dive Shop where he took two people, owner Keith Woods and his employee Neil Hay, hostage.

Mr Wood and Mr Hay were eventually released safely and without injury while officers connected to the Lake Illawarra Command, together with the tactical squad, police negotiators and dog unit, established a perimeter.

Following negotiations, Fleming surrendered to police and was taken into custody just before 10.30am.

Fleming was initially charged with a range of offences including kidnapping, firing a firearm at a dwelling or house with disregard to safety, firing a firearm in a manner likely to injure and possessing a prohibited firearm.

The Windang Dive and Spearfishing shop where two hostages were allegedly taken by the man. Picture: Sam Ruttyn

Operation Bletsoe investigators allege Fleming possessed several documents containing extremist ideologies, including a Nazi flag, and a willingness to commit violent acts.

Speaking in to the media outside the Sydney Police Centre NSW Police Force Counter Terrorism and Special Tactics Commander, Assistant Commissioner Mark Walton alleged Fleming demonstrated “nationalist and racist extremist ideologies” which, he said, is linked to the main terrorism threats Australia is currently facing.

“Our current threat [in Australia] is from lone actors, particularly people with an ideology or mixed ideologies such as white suprematism or anti-vaccination, but are underpinned by anti-government ideology” he said.

“Whilst it‘s fine for people to have their own views, our concern is over people who consume those ideologies over the internet… the greater that consumption is, the greater the threat they’ll commit acts of violence.

“We will allege after an examination of material [in Fleming’s residence] showed a pathway to this ideology. It’s influenced by what’s picked up and consumed on the internet. Unfortunately, the internet is a driver of disharmony in the community.

“Documents that have been created by him, we will allege, were connected to the act that occurred in Windang and others that didn’t translate to real life… the material was clearly identified as being white supremacist.”

Police at the scene after alleged gunman Simon Fleming was arrested in Windang. Picture: Richard Dobson

Fleming appeared in Wollongong Local Court today where NST JCTT investigators charged him with engaging in a terrorist act, contrary to section 101.1 of the Criminal Code (Cth) 1995 – an offence that could see him sentenced to life imprisonment if found guilty.

The man was also served with a Firearms Prohibition Order (FPO) and Weapons Prohibition Order (WPO).

“Following a thorough forensic examination of the items seized, police will allege they identified that the ideologies of this individual are extreme and have the potential to cause further harm to the community,” Assistant Commissioner Mark Walton said outside of court.

“What occurred at Windang last year was frightening for the public and of great concern to police. It is a testament to the hard work of investigators that we can now lay additional charges in this matter.

“If we see activity that concerns us – as we have during the course of this investigation – we will act swiftly.”

The active gunman is seen firing shots on a busy street in Windang. Picture: Supplied

Australian Federal Police Assistant Commissioner Counter Terrorism and Special Investigations, Scott Lee, said the terrorism charges were unprecedented in Australia.

“Investigations like this show the breadth of the terrorism environment we are living in at the moment,” he said.

“This investigation is the first time we have charged an individual with an ideologically motivated extremist ideology with engaging in a terrorist act in this country.”

Fleming was hit with 10 additional charges earlier this month including two counts of firing a gun in a manner likely to injure a person or property, five charges of possessing an unauthorised pistol in the wake of a police raid on his Boronia Ave home after his arrest, two charges of failing to have approved storage at his home for a Weatherby Vanguard bolt action rifle.

Charge sheets tendered to the court said two of the pistols discovered at the house were air guns, but did not specify details of the remaining three.

Fleming is yet to enter a plea to any of the charges and will remain behind bars on remand until he returns to court on March 30.