A man who stormed into a Windang dive shop while armed with a rifle told his two hostages "I am a terrorist" before threatening to "bomb" the premises during the hour-long standoff with police, a court has heard.
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Simon William Fleming is standing trial in the NSW Supreme Court accused of triggering hours of panic after firing his gun several times before taking two men hostage on November 28, 2021.
The 41-year-old has pleaded not guilty to committing a terrorist act on the grounds of mental impairment.
The Crown alleges Fleming was motivated by right-wing extremist ideology, with the details of a manifesto found in his possession laid bare last week, including beliefs that conservative Christian values were being undermined by "left-wing Marxist hysteria".
On Monday, the court heard details of the morning in question which left several witnesses fearing for their lives.
Fleming, who lived with his mother, father and aunt at their Windang home, left the house about 9am wearing black while carrying a rifle and silver briefcase, prompting his family to call the police.
The court heard he then walked towards Windang Rd, where he fired several bullets in the air, with three witnesses telling of how they feared for their lives as Fleming pointed the gun directly at them.
One witness told of the moment Fleming fired a bullet in the grill of his Mercedes Benz.
"He pointed the gun at my face through the windscreen and I put my hands up and surrendered," the witness said.
"I heard a loud bang as he shot the car again."
The court heard Fleming then walked into Windang Dive and Spearfishing, and said "I'm a terrorist" as he took owner Keith Woods and employee Neil Hay hostage.
"The second thing he said to me was 'I have a bomb'," Mr Woods said in witness stand. "He pointed to the back of the counter and told me to get behind the counter."
Mr Woods said Fleming told him to call police. When he couldn't get through to triple-0 on his mobile phone, Mr Hay called on the store's landline.
Mr Woods then complied with Fleming's instructions to walk out the door and speak with police.
"Once I took the steps out, there was police to my left and to the right and they all had pistols pointed towards me," he said.
Officers then took Mr Woods' mobile and spoke with Mr Hay who remained inside the store, the court heard, with Fleming warning police to not come inside.
"Don't come in here, there are gas bottles ready to blow," Fleming allegedly told police.
The court heard Fleming then released Mr Hay, while he continued to warn police he had "explosives" inside.
Police eventually waved him into the middle of the street before he was taken to Lake Illawarra police station for questioning.
No one was harmed during the ordeal.
Mr Fleming's legal counsel has argued he was impaired by mental illness, impacting his understanding of the incident.
The trial, held in Sydney, continues.
Read more Illawarra court and crime stories here.
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Grace Crivellaro
Court reporter for the Illawarra Mercury.
Court reporter for the Illawarra Mercury.
