A major legal blow was dealt on Thursday when former US Marine pilot Daniel Duggan lost an appeal against his extradition to the United States. He faces charges of violating US arms control laws by training Chinese pilots. Federal Court Judge James Stellios rejected Duggan’s argument that former Attorney-General Mark Dreyfus made legal errors in approving the extradition.
“I am not persuaded that the impugned decisions were infected by jurisdictional error. Therefore, the application must be dismissed,” he said. His legal team argued his actions weren’t crimes in Australia at that time, failing the “dual criminality” requirement.
The judge ruled the specific treaty with the US did not require this modification to the Extradition Act. Duggan remains in custody, where he has been since his arrest in 2022. The US seeks to prosecute Duggan on charges related to training Chinese military pilots in South Africa between 2009 and 2012.
The charges include one count of conspiring to violate US arms export laws and defraud the US, which carries a five-year jail term, two arms export control violations, and a single count of conspiracy to commit money laundering as reported by the Reuters.
Concerning the situation, Duggan’s wife, Saffrine expressed deep disappointment but vowed to continue the fight stating, “We will not give up.”
He has 28 days to lodge a further appeal. A spokesperson for current Attorney-General Michelle Rowland noted the ruling, confirming Duggan will remain in custody until his eventual surrender to US authorities, unless a further appeal or government intervention occurs.
