Daniel Duggan case: ‘Mr Duggan is eligible for surrender’ over Chinese fighter pilots training claims

A court has found Daniel Duggan, accused of unlawfully training Chinese fighter pilots, is eligible for extradition to the US as his family calls on the Attorney-General to ‘take another look’.

Daniel Duggan lawyers have conceded they have no legal grounds to fight his extradition to the US.

A former US marine pilot who has been accused of unlawfully training Chinese fighter pilots has been deemed eligible for extradition to the US after his lawyers conceded they have no legal grounds to fight the request.

Daniel Duggan has been in custody since October 2022 over charges of conspiracy, arms trafficking and money laundering after the US requested he be extradited.

US authorities allege Duggan breached money laundering and arms export control laws while teaching foreign pilots at a flying academy in South Africa more than 12 years ago.

They also claim Duggan taught pilots – including Chinese citizens – how to land atop an aircraft carrier, and therefore breached US arms control laws. Duggan was allegedly paid more than $110,000 for his expertise but he had not sought the government’s permission to undertake the role.

Magistrate Daniel Reiss confirmed Duggan is eligible for extradition on Friday afternoon, with the final decision to be handed down by Attorney-General Mark Dreyfus.

Daniel Duggan and his children at their Orange, NSW, home. Picture: Supplied

“Section 19 of the criteria have been met and Mr Duggan is eligible for surrender in relation to the counts particularised,” he said.

“(I) hereby order the relevant police to commit Daniel Edmund Duggan to a correctional facility in the state of NSW to await in relation to the particularised offences.”

Duggan will have 15 days to appeal for review, Mr Reiss said.

Lawyers for Duggan asked that he be taken to a Lithgow facility.

“I merge to seek an expression from yourself to have Mr Duggan return to Lithgow closer to his family. If your honour would lend your words to that issue he’d be grateful,” Bernard Colleary said.

Mr Reiss replied he has “limited involvement or powers in those matters”.

Mr Colleary indicated Duggan will continue to fight the extradition speaking outside court after proceedings on Friday afternoon.

However, when asked if he will be seeking a review of the order, Mr Colleary said: “No, not the section 19 of it”.

Mr Colleary emphasised Friday’s proceedings was an administrative hearing rather than a judicial hearing, and said Mr Duggan is “equally determined” to defend his cause.

It comes after high-profile silk Bret Walker SC, representing Duggan, earlier said: “The arguments advanced in writing can’t be maintained”.

“I’m submitting there are no arguments I can properly put against the way our friends written reply dealt with the written response on behalf of Mr Duggan,” he said. “I hope that’s clear enough, Your Honour.”

Mr Reiss adjourned the court until 2pm Friday afternoon to come to a decision.

“In the current circumstances, I can finalise, at this stage today … given the position now being adopted on behalf of Mr Duggan, (it has) streamlined the considerations significantly,” he said.

Duggan’s wife, Saffrine, pleaded for Mr Dreyfus to “bring (her) husband home” outside court on Friday afternoon.
“Now we respectfully ask the attorney general to take another look at this case and bring my husband home.”

“There was no place to battle. There was no opening in the local court for my husband to run his case … It’s time to move onto the next stage.”

Duggan’s wife, Saffrine, pleaded for Mr Dreyfus to “bring (her) husband home” following court proceedings on Friday. Picture: NewsWire / Jeremy Piper

Duggan’s daughter, Molly, asked the Australian government to “save (their) family” following the decision.

“I just hope that our Australian government and our politicians find the heart and soul to save our family from this huge and massive injustice, and that they find it in themselves to set the right precedent for the future.”

A spokesperson for the Attorney-General said the government does not comment on extradition matters.

Duggan, who has consistently denied the allegations, appeared in person at Sydney’s Downing Centre local court, waving and blowing kisses to his family and supporters.

Proceedings were initially delayed Friday morning due to the number of people trying to file into the courtroom, with Mr Reiss warning protesters not to call out negative comments and risk putting themselves in contempt of court.

“If people can hold their tongues, I’ll see if that’s possible,” he said.

(L-R) Saffrine Duggan, Daniel Duggan and family members. Daniel Duggan is a former US fighter pilot who the United States are attempting to extradite to face charges of exporting defence services to China. Picture: Instagram

However one protester was asked to leave the room after interrupting, claiming Mr Reiss is “the one in contempt”.

“I think Mr Duggan is very well represented,” Mr Reiss said.

Supporters had earlier gathered outside the Downing Centre with signs reading “Let my dad free” and “Free Dan”.

The former operator of Top Gun Tasmania and a former US Marines pilot, Duggan was living in Orange with his wife and family before he was arrested in October 2022.

His wife Saffrine earlier claimed the allegations “defy common sense or even the slightest scrutiny”.

“The basic legal and human rights of my hardworking family have been forgotten in this case due to apathy, political bias and a complete lack of due diligence by the bureaucrats who advised the (Australian) government on this matter,” she said.

“To make matters worse, our government’s agents have now assisted the United States to confiscate my property, which has left me unable to properly mount Dan’s legal defence”.