In a major legal setback on Thursday, former US Marine pilot Daniel Duggan lost an appeal against his extradition to the United States. He is accused of violating US arms control laws by training Chinese pilots. Federal Court Judge James Stelios rejected Duggan’s argument that former Attorney-General Mark Dreyfus made legal errors in approving the extradition.
He said, “I am not convinced that the impugned judgments were infected with jurisdictional error. Therefore, the application should be dismissed.” His legal team defeated the “double criminality” requirement, arguing that his actions were not a crime in Australia at the time.
The judge ruled that the specific treaty with the US did not require this amendment to the Extradition Act. Duggan is still in custody, where he has been since his arrest in 2022. The US wants to prosecute Duggan on charges related to training Chinese military pilots in South Africa between 2009 and 2012.
The charges include one count of conspiracy to violate US arms export laws and defraud the US, which carries a five-year prison sentence, two counts of arms export control violations and one count of conspiracy to commit money laundering, according to the report. reuters.
Regarding the situation, Duggan’s wife, Safrin, expressed deep disappointment, but vowed to continue the fight, saying, “We will not give up.”
He has 28 days to file a further appeal. A spokesperson for current Attorney-General Michelle Rowland noted the decision and confirmed that Duggan will remain in custody until he eventually surrenders to US authorities, unless there are any further appeals or government intervention.
