Court puts ex-top gun's extradition fate in A-G's hands

Saffrine Duggan has called for the federal attorney-general to review her husband's extradition. (Bianca De Marchi/AAP PHOTOS)

The fate of an ex-US fighter pilot and Australian citizen facing allegations of helping the Chinese military rests with the attorney-general after a court signed off on his extradition to his former home country.

Former US marine Daniel Duggan had spent 19 months in a maximum-security prison before a magistrate on Friday ruled him eligible for extradition.

He has 15 days to apply for a review in the Federal Court, otherwise it falls to Attorney-General Mark Dreyfus to determine whether he should be surrendered to the US.

Saffrine Duggan says the attorney-general must take another look at her husband Dan Duggan's case.

Duggan's lawyer, high-profile silk Bret Walker, earlier conceded there was no legal argument to be mounted during the brief hearing in Sydney's Downing Centre Local Court.

Outside court, Duggan's wife Saffrine said Friday's hearing was a box-ticking exercise.

"There was no opening in the local court for my husband to run his case, today was simply about ticking boxes and it's time to move on to the next stage," Ms Duggan said.

"We respectfully ask the attorney-general to take another look ... and to bring my husband home," she said.

Asked by Magistrate Daniel Reiss if Friday's hearing would be contested, Mr Walker told the court: "Not really, no."

Mr Reiss noted the position from Duggan's lawyers had "streamlined the considerations significantly".

Placards prior to the extradition hearing of Daniel Duggan
Duggan blew kisses and made heart gestures from the dock as supporters filled the courtroom.

The magistrate ordered the ex-fighter pilot be held in custody to await extradition under a temporary surrender warrant.

Lawyer Bernard Collaery asked for him to be held at Lithgow to be closer to his family.

Outside court, Mr Collaery described the court's decision as an administrative step that would be followed by a lengthy submission to Mr Dreyfus.

"This was not an examination of the evidence, this was not a mini-trial of matters that are to be decided elsewhere," he said.

A spokesman for the attorney-general said the government did not comment on extradition matters.

Duggan was arrested in Australia at the behest of the US after being accused of breaching arms-trafficking laws by providing military training to Chinese pilots in South Africa between 2010 and 2012.

Saffrine Duggan (centre), wife of Daniel Duggan, speaks to media
The ex-pilot and his family argue the charges are politically motivated.

He allegedly received about $100,000 for his services.

The 55-year-old blew kisses and made heart gestures from the dock as supporters filled the room on Friday morning.

Some remained seated on the floor of the packed courtroom while one man accused the magistrate of presiding over a "kangaroo court" before leaving the room.

The ex-pilot and his family argue the charges are politically motivated given the deterioration of Sino-American relations and how long ago the alleged actions occurred.

An April court bid failed to postpone the hearing after claims Duggan had racked up $800,000 in legal bills and was unable to fund his future defence.

In a prison letter seen by AAP, Duggan said he believed his activities were lawful and that the Australian Security Intelligence Organisation and the US Naval Central Intelligence Service knew of his work.

Senator David Shoebridge accepts a petition to free Daniel Duggan
Senator David Shoebridge said he would table a 25,000-signature petition for Duggan's release.

Ms Duggan has presented a petition with 25,000 signatures to politicians in Canberra, calling on Mr Dreyfus to release her husband and end his extradition.

Greens Senator David Shoebridge said he would table the petition in parliament.

"Our government should show some guts, our government should make it clear that being an Australian citizen matters, and that when another country comes for you, they'll protect you as best they can ... but we've seen none of that," he said.

What is AAPNews?

For the first time, Australian Associated Press is delivering news straight to the consumer.

No ads. No spin. News straight-up.

Not only do you get to enjoy high-quality news delivered straight to your desktop or device, you do so in the knowledge you are supporting media diversity in Australia.

AAP Is Australia’s only independent newswire service, free from political and commercial influence, producing fact-based public interest journalism across a range of topics including politics, courts, sport, finance and entertainment.

What is AAPNews?
The Morning Wire

Wake up to AAPNews’ morning news bulletin delivered straight to your inbox or mobile device, bringing you up to speed with all that has happened overnight at home and abroad, as well as setting you up what the day has in store.

AAPNews Morning Wire
AAPNews Breaking News
Breaking News

Be the first to know when major breaking news happens.


Notifications will be sent to your device whenever a big story breaks, ensuring you are never in the dark when the talking points happen.

Focused Content

Enjoy the best of AAP’s specialised Topics in Focus. AAP has reporters dedicated to bringing you hard news and feature content across a range of specialised topics including Environment, Agriculture, Future Economies, Arts and Refugee Issues.

AAPNews Focussed Content
Subscription Plans

Choose the plan that best fits your needs. AAPNews offers two basic subscriptions, all billed monthly.

Once you sign up, you will have seven days to test out the service before being billed.

AAPNews Full Access Plan
Full Access
AU$10
  • Enjoy all that AAPNews has to offer
  • Access to breaking news notifications and bulletins
  • Includes access to all AAPNews’ specialised topics
Join Now
AAPNews Student Access Plan
Student Access
AU$5
  • Gain access via a verified student email account
  • Enjoy all the benefits of the ‘Full Access’ plan at a reduced rate
  • Subscription renews each month
Join Now
AAPNews Annual Access Plan
Annual Access
AU$99
  • All the benefits of the 'Full Access' subscription at a discounted rate
  • Subscription automatically renews after 12 months
Join Now

AAPNews also offers enterprise deals for businesses so you can provide an AAPNews account for your team, organisation or customers. Click here to contact AAP to sign-up your business today.

SEVEN DAYS FREE
Download the app
Download AAPNews on the App StoreDownload AAPNews on the Google Play Store