Australia’s Attorney General will now decide whether a former US fighter pilot will be extradited to his home country for his alleged role in helping train the Chinese military after a Sydney court ruling.
Former leader Daniel Duggan, 55, can be sent back to the United States to stand trial, magistrate Daniel Reiss ruled in Sydney’s Downing Center Local Court on Friday.
Duggan’s lawyer, Bret Walker SC, told the court his client could not present a legal defense and would not challenge the ruling. 9News reports.
The former pilot has spent 19 months in solitary confinement in a maximum security prison and will now await extradition under a temporary surrender order.
His wife, Saffrine, joined their children and other supporters outside the court to advocate for Mr. Duggan’s immediate release.
Former leader Daniel Duggan, 55, can be extradited to the United States, a Sydney court ruled on Friday
Duggan’s wife, Saffrine, and their children were joined by other supporters outside Downing Center Local Court on Friday calling for his release.
Mrs Duggan said her home was seized by officials and her requests for legal aid were rejected while her husband prepared his defence.
“This deliberate torture has to stop today,” Ms Duggan said outside court.
“They have done everything in their power to make this difficult for my family, to try to break Dan and break us, but we will fight no matter what.
“We respectfully ask the attorney general to take another look…and bring my husband home.”
Duggan was arrested in Australia at the request of the United States after being accused of violating arms trafficking laws by providing military training to Chinese pilots.
Duggan allegedly served in South Africa from 2010 to 2012 and received $100,000 for doing so.
You have 15 days to request a review before the Federal Court; Otherwise, it will be up to Attorney General Mark Dreyfus to determine whether he should be handed over to the United States.
When asked by Magistrate Reiss whether Friday’s hearing would be contested, Walker told the court: “Not really, no.”
Reiss noted that the position of Duggan’s lawyers had “significantly simplified the considerations.”
The magistrate reminded those present on Friday about contempt of court, as one man compared the proceedings to a “kangaroo court”.
Mr. Duggan’s family has argued that his charges are false and Politically motivated.
Mrs Duggan claims to have been rejected by Legal Aid and that the charges against her husband are false and politically motivated.
A petition with 25,000 signatures addressed to Attorney General Mark Dreyfus calls for an end to Duggan’s extradition
Solicitor Bernard Collaery asked to be held in Lithgow to be closer to his family.
Outside court, Collaery described the court’s decision as an administrative step that would be followed by a lengthy presentation to Mr. Dreyfus.
“This was not an examination of the evidence, this was not a mini-trial of matters that must be decided elsewhere,” he said.
In April, Duggan unsuccessfully attempted to postpone the hearings after claiming to have spent $800,000 on legal bills.
While in prison, he wrote a letter stating that he had never broken the law, as the Australian Security Intelligence Organization and the US Central Naval Intelligence Service knew what he was doing at the time.
More than 25,000 people have signed a petition calling on Dreyfus to release Duggan from prison and end his extradition.
Greens senator David Shoebridge offered to table the petition in parliament.
Shoebridge said the country needs to “show guts” and “make it clear that being an Australian citizen is important.
A spokesman for the attorney general said the government had no comment on extradition issues.