Fake bomb planter ‘can’t remember’ placing device, court hears

A man who placed a fake bomb on the car of a Palestinian supporter in Sydney says he “can’t remember” doing so, a court has heard.

A man who planted a fake bomb on a Palestine supporter’s car in Sydney’s south “can’t remember” the incident and thought he “imagined” putting the device on the ute, a court has heard.

David Maurice Wise, 44, appeared in NSW District Court on Tuesday in a bid to appeal his 12-month jail sentence after leaving the device on a man’s car who was flying a Palestinian flag at his home in Botany.

A note taped to the device read: “ENOUGH! TAKE DOWN FLAG! ONE CHANCE!!!!”

The device was placed on a man’s ute who was flying the flag at his home. Picture: Supplied

Wise was handed a non-parole jail term of three months in May which he has already served.

The court heard how Wise is appealing his conviction based on mental health grounds and challenging the severity of the offending.

Wise pleaded guilty to leaving an article to cause alarm, using a carriage service to menace, harass or offend, entering enclosed lands and intimidation – however – lodged his appeal shortly after his sentencing in May.

Judge William Fitzsimmons SC told the court there was “conflict” as to what condition Wise was suffering when the incident occurred as he had now seen a number of psychologists in the course of the proceedings.

“In the first report the appellant effectively says well I can’t remember much about what happened, I thought maybe I was imagining it and then I came back,” he told the court.

“Yet later … he seems to have a very clear recollection of what he did and his motivations and his thoughts leading up to it.”

David Maurice Wise has been charged with allegedly placing a fake bomb on a Palestine supporter's car in Botany in January 2024. Picture: Supplied

The court had previously been told how week before the incident, Wise had made a threatening phone call to the same man from a phone box.

“The case is that he was suffering very significant psychological conditions at the time,” Judge Fitzsimmons.

“The problem with that alone is that there are various diagnoses … as to exactly what is or what was likely the appellant’s psychological condition at the time these incidents occurred.

“I’m not being critical but the reality is that I will need a bit more assistance in terms of the material you rely upon.”

The device was placed on a man's ute.

Wise’s barrister George Thomas requested more time to gather the appropriate information for the case.

The court heard how Wise will be attempting to have the convictions quashed under section 14 of the NSW Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

Under the act, a judge can dismiss the convictions if a person agrees to undergo mental treatment.

Judge Fitzsimmons stood the matter over until April 11.