Former top gun pilot Daniel Duggan fights ‘political extradition’ to United States

Daniel Duggan’s lawyers say there is a political character to the charges against their client as his wife and children protest his detention outside court.

Former top gun pilot Daniel Duggan.

Former top gun pilot Daniel Duggan’s lawyers say there is a political character to the charges against their client and will present expert evidence on deteriorating relations between theUnited States and China.

Lawyers for the 54-year-old Australian citizen are fighting his extradition to the United States to face charges over the alleged training of Chinese fighter pilots. 

Duggan’s supporters gathered on the steps of Sydney’s Downing Centre on Tuesday ahead of the hearing, brandishing a banner emblazoned with the Orange father’s face that said “Free Dan Duggan”.

Inside court Mr Duggan’s lawyer, top silk Bret Walker SC, said he was unable to discuss in open court all of the material given to the Inspector-General of Intelligence and Security, which is investigating alleged misconduct by the Australian Security Intelligence Organisation.

Lawyers for Mr Duggan are seeking to halt the extradition until the IGS investigation has completed.

Mt Walker said the alleged offending and conduct after the offending involved co-operation with security agencies that may “give a political character to the offence in question.”

“Your honour should not proceed on the basis that is confined to conduct in Australia,” Mr Walker said, before clarifying the conduct was “in the interest of Australia”.

The court heard that the deterioration in the diplomatic relationship between China and the US since the alleged conduct would form part of the case, with Mr Walker saying he would “gather experts on those matters”.

Saffrine Duggan with her kids as they sing the song Danny Boy as an ode to her husband outside the Downing Court. Picture: NCA Newswire/Gaye Gerard

Mr Walker said his submissions would ask whether “a political character can be given after all the circumstances of the commission of offence have happened”.

Magistrate Daniel Reiss said the relevance of material handed to IGS may be relevant as to whether the charges against Mr Duggan were political and noted such offences were a rarity.

“It‘s a door that’s not sought very often to be opened and walked through,” he said.

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 the majority of his time in solitary confinement.

The 54-year-old has denied allegations he received 12 payments of more than $116,000 from a Chinese-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 further accused the US of trying to turn him into a “political example” amid deteriorating international relations with China.

The hearing will resume at 2pm.