Former US fighter pilot Daniel Duggan in ‘existential fight’ one year on
Daniel Duggan, fighting a US extradition bid, will spend at least six more months in possible solitary confinement in a NSW maximum security prison.
A former top gun fighting an extradition bid by the US will spend at least six more months in possible solitary confinement in a NSW maximum security prison, as his wife urges the Prime Minister to oppose the handover request during his visit t0 Washington.
Downing Centre Local Court heard a date for Daniel Edmund Duggan’s extradition hearing was set for May next year, with his lawyer Dennis Miralis saying that further time in custody was necessary if they were to successfully fight the potential 65-year maximum-security prison term he faced if extradited to the US.
“This is existential,” Mr Miralis told media outside court.
The former US marine has already spent one year in custody after he was issued with the extradition order on charges he illegally trained People’s Liberation Army pilots, conspired with others to enable the training, and money-laundering. He does not face any charges in Australia.
The military training was allegedly provided via a controversial South African flying school, which has links to Chinese state-owned enterprises including aviation giant COMAC, more than ten years ago.
The court heard Mr Duggan would make an application late next month to access a Department of Defence report which deals with Australian Defence Force members allegedly providing military services to China.
Mr Miralis said that material was “critical” to his client’s ability to properly and successfully defend himself, and demonstrated the “political nature” of the US extradition request.
His legal team are also hoping to get their hands on 430 documents from the AFP later this month which include communications between ASIO, the Department of Justice, the AFP and the FBI around their investigation of Mr Duggan.
Outside court, Mr Duggan’s wife Saffrine called on Prime Minister Anthony Albanese to oppose the extradition of her husband when he meets with President Joe Biden in the US later this week.
“Today we demand our Attorney-General Mark Dreyfus and Prime Minister Anthony Albanese make this right and set Dan free,” Ms Duggan said outside the court on Monday.
Her six school-age children held posters with their father’s face on it, and chanted “Free Dan Duggan”.
“I ask the Prime Minister to deliver a message on his US visit. A message that he will not support the extradition of Dan Duggan. A message that Dan is being returned to his family where he belongs as an Australian citizen,” she said.
She described this day as “the most terrible of anniversaries”.
“Today we mark one year since my husband, a father and best friend, has been locked away in solitary confinement … based on 12 year-old allegations, unproven allegations he flatly denies, allegations which are clearly political and have no place in our legal system.
“And yet another court appearance where we are forced to beg for documents, simple documents, that are vital to Dan’s case, and they should have been provided to us a year ago.”
Ms Duggan called her husband’s imprisonment “an extreme act of violence and cruelty on my family”.
She had duct-taped the measurements for a 2 by 4 metre cell on the ground in front of the court.
“Our government has allowed this to happen. In fact, it enabled it to happen on the orders of a foreign government under an extradition treaty that is unjust and an abomination of our laws.”
She said the extradition treaty “bleeds us dry in an attempt to force submission” through blocking Mr Duggan’s right to bail, and the right of his family of government and legal assistance.
Mr Miralis also said he had “no doubt” the matter would be the subject matter of bilateral discussions.
Diplomacy often occurred behind closed doors, he said, but in relation to extradition cases it was open to the Attorney-General to intervene.