Federal Court Dismisses Daniel Duggan's Extradition Challenge
The Federal Court of Australia has dismissed a legal challenge by former U.S. Marine pilot Daniel Duggan, who is seeking to avoid extradition to the United States. Justice James Stellios delivered the ruling, citing provisions of the Extradition Act. Duggan's legal team now has 28 days to appeal the decision.
Extradition proceedings do not determine a person's guilt or innocence.
Background of the Case
Daniel Duggan, an Australian citizen and former U.S. Marine Corps pilot, was arrested in Orange, New South Wales, in December 2022 at the request of U.S. authorities.
He faces U.S. charges related to allegations of training Chinese military pilots at a South African facility in 2012, which he denies. If convicted in the U.S., he could face a prison sentence of up to 65 years. Duggan has been detained in a maximum security facility since his arrest.
Key Points of the Ruling
The court rejected Duggan's argument that the extradition treaty required equivalent charges to exist in New South Wales at the time of the alleged offenses. It also dismissed the argument that the extradition should be prevented because most alleged offenses occurred in a third country.
Reaction and Statements
Lynn Stocker, a legal clerk for Collaery Lawyers representing Duggan, stated the ruling was based on a legal point and that the merits of the case are now a matter for the government.
The decision moves to Prime Minister Anthony Albanese regarding whether to send an Australian citizen into U.S. custody.
Saffrine Duggan, Duggan's wife, stated the family has experienced 1,273 days of suffering since his arrest. She described him as an "ordinary Australian" who broke no Australian law and noted he spent 19 months in solitary confinement.
She said the family is disappointed by the ruling, will consider their options, and will continue to advocate for him, asking the government to protect Australians from what she characterized as "U.S. overreach and malicious prosecution."