Top gun Daniel Duggan, seeks documents showing why he was deemed a high-risk inmate

Accused Chinese pilot trainer, former Top Gun Daniel Duggan, seeks documents showing why he was deemed a high-risk inmate, a security designation that was later revoked

The former US top gun accused of training Chinese military pilots has gone to court seeking to find out why he was initially deemed an “extreme high-risk restricted’’ prisoner, a designation usually­ ­reserved for terrorists.

Daniel Edmund Duggan has two appeals lodged with the NSW Civil and Administrative Tribunal seeking documents from NSW prison authorities.

The Australian citizen is trying to ascertain why he received such a high-level designation when he was first detained after being ­apprehended on a provisional ­arrest warrant last October.

He does not face any charges in Australia but the US is seeking to extradite him to face charges ­alleging he helped train Chinese fighter pilots, and for money-laundering.

The indictment relates mainly to his activities training Chinese pilots through a South African flying academy during a short-term contract more than 10 years ago.

The US alleges the academy was a front group for China, training People’s Liberation Army ­pilots, and that Mr Duggan’s training breached US laws related to the exporting of defence services.

Mr Duggan denies any wrongdoing, and his supporters say the pilots he trained were civilians.

Mr Duggan, a father of six, was arrested by the Australian Federal Police at the request of the US in his NSW hometown of Orange last year and initially detained at the Bathurst Correctional Centre in maximum security.

Former US fighter pilot Daniel Duggan with his family. The US is attempting to extradite him to face charges of exporting defence services to China. Picture: Instagram

According to a timeline prepared by the International Commission of Jurists, headed in Australia by former NSW director of public prosecutions Nicholas Cowdery, the NSW Commissioner of Corrective Services ­approved Mr Duggan’s designation of “extreme high-risk ­restricted’’ inmate a week after he was taken into custody. He was later transferred to the Metropolitan Remand and ­Reception Centre at Silverwater, Sydney, on December 1.

On December 16, his interim extreme high-risk designation was revoked, although he was not advised until he received a letter on January 17. In March he was moved to the Lithgow Correctional Centre.

Mr Duggan is strongly resisting being extradited to the US and his legal team continues to seek documents relating to his security designation. His appeals’ next hearing is listed for September 25.

“The proceedings listed before the NSW Civil and Administrative Tribunal are a current matter between Mr Duggan and the ­Department of Communities and Justice, a department spokeswoman said. “It would be inappropriate to provide comment about ongoing legal matters.’’

The federal Attorney-General’s office, which is involved in the extradition request, said section 53 of the Extradition Act 1988 stipulated that persons held in extradition custody are subject to the prison conditions and treatment of the relevant state or territory.

“Accordingly, decisions about Mr Duggan’s classification and prison conditions are made by, and are a matter for, Corrective Services NSW,’’ a spokeswoman said. “Decisions regarding classification and prison conditions are separate from the extradition request for Mr Duggan, which is a matter for the Attorney-General’s Department.’’