Australian man Daniel Duggan, a former US marine pilot wanted in America over allegations he trained Chinese fighter pilots, is eligible to be extradited to the United States where he faces a potential prison sentence of up to 60 years, a magistrate has ruled.
Duggan appeared in court for the first time since his arrest 19 months ago, dressed in a grey suit jacket, white shirt and blue tie. From behind the security glass of the dock he blew kisses to his family and supporters, and made a love-heart symbol towards his wife, Saffrine, mouthing the words “I love you” to her.
Magistrate Daniel Reiss told the court Duggan was “eligible for surrender” to the US, and ordered he be committed to prison.
Duggan has 15 days to seek a review in the federal court. But the extradition process, which involves several levels of review and appeal before a final decision by the attorney general, could remain before Australian authorities for years before any actual extradition.
The US is seeking the extradition of Duggan, 55, on charges of arms trafficking and money laundering, arising from his alleged training of Chinese fighter pilots more than a decade ago. The allegations have not been tested in a court.
A US indictment alleges he taught Chinese fighter pilots to land jets on aircraft carriers – known as “carrier-arrested landings” – in defiance of arms trafficking laws. The indictment details payments Duggan allegedly received in 2011 and 2012 for his work training Chinese fighter pilots at a test flight academy “based in South Africa, with a presence in the People’s Republic of China”.
The father of six – whose children are aged between six and 18 and are all Australian citizens – faces a potential 60-year prison term if convicted in the US.
Duggan, who has no criminal history anywhere in the world, has faced significant isolation in prison, having been classified as a high-risk prisoner. He has consistently denied the allegations against him as politically motivated, and claimed the indictment against him is filled with “half-truths, falsehoods and gross embellishments”.
The extradition hearing itself was chaotic, even shambolic. The courtroom was moved twice before the hearing started well over an hour late, and with dozens of observers expelled from the court.
Before the hearing began, the magistrate expelled any observers without a seat, leading to a protests from the floor, saying: “We demand a bigger court” and “This is an important case for Australia”.
The magistrate was implacable, and did not start the hearing until dozens of supporters of Duggan had been ushered out. One supporter remained in the court by hiding behind a pillar, unseen by the magistrate.
The hearing was then interrupted by a protestor who repeatedly yelled at the magistrate he was running a “kangaroo court” and that the hearing was in defiance of the Magna Carta.
Threatened with contempt by the magistrate, the man told the bench: “You’re the one in contempt,” leaving the court before sheriffs arrived to expel him.
Duggan’s wife, Saffrine, spoke outside Sydney’s Downing Centre court following the court’s decision. She said the magistrate’s order “was simply about ticking boxes”. She said her husband “had always denied the allegations” and would continue to fight the charges.
“We want my husband to come home here in Australia,” she said.
Saffrine said the attorney general, Mark Dreyfus, had the power to defy the US extradition request and to release her husband.
“We respectfully ask the attorney general to take another look at this case, and to bring my husband home.”
Duggan’s daughter Molly told supporters her father’s arrest and imprisonment had left her family “in a constant state of crisis and turmoil”.
“Dad is going through a horrible, alienating, dehumanising experience. He may never be the same.”