Former United States Marine Corp pilot Daniel Duggan has had his bid to avoid extradition from Australia dismissed.
Mr Duggan, an Australian citizen, denies allegations he helped train Chinese military pilots at a South African training school in 2012.
The father-of-six was arrested in the New South Wales regional city of Orange in 2022 at the request of the US, and has since been detained in a maximum security prison.
Mr Duggan is facing four US charges including allegations he violated and conspired to violate the US Arms Export Control Act, as well as a charge of conspiracy to commit money laundering.
He is accused of committing these offences between 2009 and 2012.
If found guilty, he could face up to 65 years in a US prison.
In the Federal Court today, Justice James Stellios dismissed Mr Duggan’s legal bid to avoid extradition.
‘Into the hands of the Trump administration’
In the judgement, Justice Stellios quotes the Extradition Act which says “courts may determine whether a person is to be, or is eligible to be, extradited, without determining the guilt or innocence of the person of an offence”.
Mr Duggan had tried to argue that the extradition treaty between Australia and the US stipulated that any overseas charges must have equivalent charges at the time in the jurisdiction receiving the request. In this case, that was NSW.
Justice Stellios also threw out his argument that most of the alleged offences took place in a third country and therefore the extradition should be prevented.
Daniel Duggan denies allegations he helped train Chinese military pilots at a South African training school in 2012. (Supplied)
Today outside court, Collaery Lawyers legal clerk Lynn Stocker said her “law-abiding” client had 28 days to appeal the decision.
Ms Stocker issued a plea to Prime Minister Anthony Albanese:
“The decision was based on solely a legal point. The merits issue has always been with the government,” she said.
“Now it’s a decision for the Prime Minister whether he wants to send an Australian citizen … into the hands of the Trump administration who has taken a close interest [in the case].”.
‘He’s missed so much’
Mr Duggan moved to Australia in the early 2000s and later became an Australian citizen.
He was arrested in December 2022 after Australia agreed to his extradition.
He has been in custody since, but the extradition has been delayed while the case works its way through the courts.
Outside court today, Mr Duggan’s wife, Saffrine Duggan, said it had been “1,273 days of our family’s suffering, terrible trauma since Dan was arrested in a supermarket car park after dropping our kids at school”.
Saffrine Duggan reacts outside court to her husband’s failed bid to avoid extradition. (ABC News: Matt Roberts)
“Since that day, Dan has been locked up in maximum security, an ordinary Australian going about his business who broke no Australian law,” she said.
“We do thank thousands of Australians who have continued our support for our fight for justice.
“He spent 19 months in solitary confinement, he’s missed so much in our family, in our children’s lives.”
Dan Duggan and wife Saffrine with their children in regional New South Wales. (Supplied: Duggan family)
Ms Duggan described them as an “Aussie family” that had had “our feeling of safety stripped away from us”.
“We are very disappointed by this ruling and we will consider our options carefully, but make no mistake: we will not give up,” she said.
“We have been here for three years and we will continue.”
She said they would “continue to advocate” for Mr Duggan, “especially with our government, asking them to protect Australians from … US overreach and malicious prosecution”.
“This has gone on long enough. Enough is enough. I want to bring our family home and reunite us altogether.”