SYDNEY — A lawyer for a former U.S. navy pilot accused of illegally coaching Chinese language aviators instructed a Sydney courtroom on Wednesday that an extradition listening to scheduled for subsequent month needs to be postponed as a consequence of delays in authorities companies handing over essential materials.
Boston-born Dan Duggan was arrested by Australian police a yr in the past close to his dwelling in Orange in New South Wales state and is preventing extradition to the USA.
His lawyer, Dennis Miralis, instructed the Downing Heart Native Courtroom that the previous U.S. Marine Corps flying teacher will apply to have the Nov. 23 extradition listening to delayed.
A Justice of the Peace will hear submissions on that postponement utility on Oct. 23.
Outdoors courtroom, Miralis instructed reporters that the delay was regrettable as a result of Duggan has been psychologically impacted by being held in maximum-security prisons since his arrest.
“Nevertheless, on the identical time, it’s completely important that Dan’s proper to a good listening to is preserved and nothing is finished to prejudice that proper,” Miralis stated.
“Regrettably it’s very gradual. Nevertheless, it’s completely essential for us to get that materials,” Miralis added.
Duggan, 55, has requested paperwork from authorities companies together with the nationwide home spy company Australian Safety Intelligence Group, Australian Federal Police and the U.S. Justice Division relating to the allegations in opposition to him.
Miralis stated the companies have resisted handing over materials to protection attorneys, citing secrecy considerations and the potential of interference in worldwide relations.
Duggan’s authorized crew desires to view 2,000 paperwork regarding their allegation that he was illegally lured from China to Australia in 2022 to be arrested for extradition.
Miralis stated police won’t hand over all their materials till Nov. 17, six days earlier than the scheduled extradition listening to.
Duggan, who turned an Australian citizen and gave up his U.S. citizenship, maintains he has finished nothing mistaken and is an harmless sufferer of a worsening energy battle between Washington and Beijing.
Inspector-Common of Intelligence and Safety Christopher Jessup, the regulator of Australia’s six spy companies, introduced in March that he was investigating Duggan’s allegation that the Australian Safety Intelligence Group was a part of a U.S. ploy to extradite him.
Duggan returned from China to work in Australia after he acquired an ASIO safety clearance for an aviation license. A couple of days after his arrival, the ASIO clearance was eliminated, which his attorneys argue made the job alternative an unlawful lure to a U.S. extradition companion nation. They count on Jessup’s findings will present grounds to oppose extradition and apply for his launch from jail on bail earlier than the extradition query is resolved.
Duggan’s grounds for resisting extradition embody his declare that the prosecution is political and that the crime he’s accused of doesn’t exist below Australian legislation. The extradition treaty between the 2 international locations states that an individual can solely be extradited for an allegation that’s acknowledged by each international locations as against the law.
Final month, the Australian authorities launched in Parliament proposed more durable restrictions on former navy personnel who need to practice international militaries.
In a 2016 indictment from the U.S. District Courtroom in Washington, D.C., unsealed in late 2022, prosecutors allege Duggan conspired with others to supply coaching to Chinese language navy pilots in 2010 and 2012, and probably at different instances, with out making use of for an applicable license.
Prosecutors say Duggan acquired about 9 funds totaling round 88,000 Australian {dollars} ($61,000) and worldwide journey from one other conspirator for what was typically described as “private improvement coaching.”
Duggan has stated the Chinese language pilots he skilled whereas he labored for the flying college Check Flying Academy of South Africa in 2011 and 2012 had been civilians and nothing he taught was categorized.
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