A former US marine pilot preventing extradition to the USA is being held in jail below the strictest circumstances that will have resulted from overseas interference, his lawyer says.
Key factors:
- Mr Duggan’s lawyer says he has filed a criticism concerning the conduct of Australian intelligence officers
- The US has till December 20 to formally apply for Mr Duggan’s extradition
- The case is because of return to courtroom on December 16
Daniel Edmund Duggan is because of be transported to Goulburn’s Supermax jail below a “high-risk” classification, defence lawyer Dennis Miralis at present instructed the Downing Centre Native Court docket in Sydney.
Mr Duggan was arrested in Orange on October 21, the identical week the British authorities issued a uncommon warning about China’s recruitment of retired navy pilots.
The 54-year-old’s expenses stay sealed after he was arrested at Washington’s request, whereas his defence can also be in search of particulars of the warrant to detain him.
Mr Miralis stated it was unprecedented to have an Australian citizen with no prison historical past positioned on inmate restrictions akin with individuals who have been convicted of terrorist offences and a number of homicides.
“In 22 years of practising prison legislation with a specialisation in extradition I’ve but to see one thing as exceptional as this,” he stated outdoors courtroom.
“We have been instructed the Australian Federal Police don’t regard him as a danger, we have been instructed the Legal professional-Common’s division don’t regard him as a danger.
“We’re involved that there might have been some overseas interference encouraging the corrective companies minister to take this dramatic plan of action.”
Mr Miralis stated Mr Duggan was a “proud Australian” and not held US citizenship.
The daddy of six was a “well-regarded” fighter jet pilot, in response to a fellow former marine, and had just lately labored in China coaching business flight crew.
The US has till December 20 to formally apply for Mr Duggan’s extradition in any other case he needs to be launched from jail, the courtroom was instructed.
Barrister Trent Glover, representing the USA, stated as soon as the official extradition request was obtained Mr Duggan had three selections.
Beneath the bilateral extradition treaty Mr Duggan can both waive the extradition, consent to it, or contest eligibility for give up to the USA, Mr Glover stated.
“That is an unusual traditional extradition course of.”
Mr Miralis stated his consumer had been denied medical remedy and was unable to entry pens to jot down a criticism to the Legal professional-Common’s division about his remedy on remand.
The lawyer has filed a criticism concerning the conduct of Australian intelligence officers and stated extradition needs to be placed on maintain till that had been resolved by Australia’s intelligence watchdog.
Each the British and Australian governments have just lately highlighted fears that Beijing has been poaching retired pilots to coach China’s air power.
The case subsequent due earlier than courtroom on December 16.
