Daniel Duggan: NSW court upholds order preventing sale of south coast home owned by Aussie ex-marine

An Australian citizen and ex-US marine has been dealt a major blow in his battle to avoid extradition to the US where he faces allegations he unlawfully trained Chinese pilots.

The NSW Supreme Court has upheld a ruling by a US court regarding ex-Marine Daniel Duggan’s family home near Kiama.

An Australian citizen and ex-US marine has been dealt a major blow in his battle to avoid extradition with a NSW Supreme Court justice upholding a US order preventing the sale of his south coast home. 

Daniel Edmund Duggan, 55, was arrested in a shopping centre carpark at Orange last year after a request from US authorities and has been held on remand in Lithgow Correctional Centre.

The father-of-six faces allegations he unlawfully trained Chinese pilots.

If extradited, he would face charges of conspiracy, arms trafficking and money laundering and the prospect, if convicted, of more than 60 years in a US prison.

As Mr Duggan’s legal expenses rise, the US has sought to prevent his wife, Saffrine Duggan, from selling their property at Saddleback Mountain near the south coast town of Kiama.

Mr Duggan filed a challenge in the NSW Supreme Court last month regarding the AFP’s enforcement of a foreign restraining order on the property, which was approved by a US court.

Justice Nicholas Chen handed down his decision on Wednesday when he dismissed Mr Duggan’s notice of motion.

Daniel Duggan and his wife Saffrine Duggan. Picture: Instagram

Mr Duggan’s family expressed its disappointment in the wake of the decision, adding a “dark cloud” now hangs over their future.

“We are extremely disappointed and devastated by this decision,” Mrs Duggan said.

“These orders place a dark cloud over the futures of six Australian children. It will also make it very difficult for us to fight for justice for my beloved husband who has been locked up in solitary confinement without local charges for almost 14 months.

“We not only face a second Christmas without Dan, this decision makes it near impossible for us to fight for his freedom.”

Daniel Duggan with two of his children, Hazel and Jack.

The former US Marine Corps aviator allegedly trained Chinese military pilots while working at an international flying academy more than 10 years ago.

He is also accused of breaching US arms control laws by instructing pilots on how to land on an aircraft carrier.

The US authorities allege he was paid thousands of dollars for his expertise but had not sought US approval to teach foreign pilots.

Mr Duggan has repeatedly denied the allegations.

“Dan was kidnapped after dropping our beautiful children off to school with a cake in his hand for the school fete,” Mrs Duggan said outside court in July.

“We all should be very worried about what’s happening.”

International lawyer and veteran Dr Glenn Kolomeitz, who is assisting the Duggan family, said to this publication this year Australia was acting as a “lapdog” for the US.

Lawyer Glen Kolomeitz outside Lithgow jail. Picture: Supplied

“Australia, in the exercise of lapdog diplomacy, obligingly agreed,” he said.

“Unfortunately, in the US they say that a grand jury will ‘indict a ham sandwich’. I’ve torn the indictment of the grand jury in this case apart. It is riddled with inflammatory and irrelevant statements and the word ‘conspiracy’ 178 times alongside the word ‘China’, such that of course a grand jury is going to indict.

“What it doesn’t have is evidence linking Dan to those words. In fact, the indictment has so many holes in it, it’s a Swiss cheese and ham sandwich.”

A petition using the #FreeDanDuggan calling on Attorney-General Mark Dreyfus to release Mr Duggan and refuse the extradition request has garnered nearly 15,000 signatures and has the backing of Greens senator David Shoebridge.

Got a news tip? Email [e-mail]