Daniel Duggan: Former US fighter pilot to fight for freedom amid probe into alleged misconduct by ASIO

A former US fighter pilot will launch a new bid for freedom as the national intelligence agency watchdog investigates alleged misconduct by the Australian Security Intelligence Organisation.

Daniel Duggan.

A former US fighter pilot will launch a new bid for freedom as the national spy agency watchdog investigates whether he was lured from China by the Aus­tralian Security Intelligence ­Organisation.

Lawyers for former US marine pilot and Australian citizen Daniel Duggan, 54, are fighting his extradition to the US to face charges over allegations he trained Chinese fighter pilots more than a decade ago.

Dennis Miralis, representing Mr Duggan, said outside Sydney’s Downing Centre on Monday that extradition proceedings should be halted until the Inspector-General of Intelligence and Security investigation finished.

Mr Miralis said he anticipated making a bail application at the next hearing for Mr Duggan and said the IGIS inquiry should be sufficient to meet the exceptional circumstances threshold required for release.

“This is a highly unique or unusual case because of the features of the investigation taking concurrently in place while the matter is also before the court,” he said. “To be clear we are talking about the announcement by the Inspector General of Intelligence of an official inquiry into the potential misconduct of ASIO.”

Mr Duggan was arrested by the Australian Federal Police at the request of US authorities in Orange in NSW in October last year and has spent about six months in solitary confinement.

He has strenuously denied allegations he received 12 payments of more than $116,000 from a China-based business which was responsible for acquiring military training, equipment and technical data for China’s government and military, for “personal development training”.

The offences are alleged to have occurred before Mr Duggan became an Australian citizen in late 2012 and his legal team have previously said the charges are not crimes in Australia.

Mr Duggan has accused the US of trying to turn him into a “political example” amid deteriorating relations with China.

On Monday Mr Miralis said the IGIS investigation would look at whether ASIO lured Mr Duggan from China to Australia before his arrest as well as other aspects of his complaint that related to national security and were classified. “We should make it very clear that in communications with the IGIS we have been informed that if the substance of Mr Duggan’s complaint is substantiated it is a matter of high national security and is classified with respect to the substance of the complaint,” he said.

IGIS launched an inquiry after Duggan’s legal team sent the agency separate complaints on November 11 and March 12.

One of the complaints concerned whether ASIO had lured Mr Duggan back to Australia to arrest him on behalf of the US.

Before his arrest Mr Duggan had been living at a farm in Orange with his wife Saffrine and six children.

Ms Duggan, who has launched a Change.Org petition calling for her husband’s release, said on Monday his six children would be devastated.

“I’m crushed that Dan now faces, at very least, another 86 days in maximum security solitary confinement with no Australian charges, no convictions anywhere, and no history of violence whatsoever,” she said.

The matter will next be heard at Sydney’s Downing Centre court on July 25.