The wife of former US marine pilot Daniel Duggan says the impact of his ongoing incarceration on their family is “horrendous”.
Key points:
- Daniel Duggan’s extradition hearing is set for November 24
- He has been in custody for nine months and proclaims his innocence
- His wife said the toll on their family had been horrendous
The 54-year-old denies allegations he helped train Chinese military pilots more than a decade ago, which relate to his work at the Test Flying Academy of South Africa.
As his lawyers argued for a temporary stay of the proceedings in Sydney’s Downing Centre Local Court, a group of supporters joined Mr Duggan’s wife outside.
Saffrine Duggan said they were determined to fight against the “terrible injustice” of her husband being held in custody for nine months since his arrest.
She also demanded that Australian sovereignties be respected.
“This is a loving, caring father having to go through a tragedy and we all need to stand up and stop and let him free,” Ms Duggan said.
“Let him come home to us where he belongs.”
Ms Duggan said she had received messages of support from around the world.
“The toll on our kids and family is horrendous,” she told the crowd.
“We are sad and we’re mortified. We’re horrified that something like this could happen — not only to us but to anyone.”
Inside, barrister Bret Walker SC, representing Mr Duggan, raised arguments about whether there may be a political character to the alleged offence.
Mr Duggan’s legal team says the Inspector General of Intelligence and Security (IGIS) is investigating the role ASIO played in the lead-up to his arrest, which could impact the case.
Magistrate Daniel Reiss said it was clear there was an objection being raised in relation to an alleged political offence, but he said it was “not a black and white issue in terms of the statutory formulation”.
The Extradition Act specifically provides that a respondent be entitled to a reasonable time to prepare for an extradition proceeding, he noted.
An extradition hearing was set for November 24, however, the receipt of the IGIS inquiry report may delay that.
Outside court, lawyer Glenn Kolomeitz, who acts for the Duggan family, said Mr Duggan was stressed — and being told he now has to wait some 120 extra days in solitary confinement would not help.
Dr Kolomeitz said bail was “virtually impossible” under extradition legislation.
“It has its own bail provisions, which require extreme circumstances really to get bail, which flies in the face of the state bail legislation and the presumption in favour of bail in most cases,” he said.
Dr Kolomeitz said Mr Duggan and his supporters were all holding out hope that something would stop the extradition.
“The extradition treaty is a disgrace,” he said.
“The Extradition Act is a disgrace and the indictment is a disgrace.
“Whatever it takes to make this thing stop, if it’s an IGIS inquiry report which is adverse to the Australian government, then so be it.”
Dr Kolomeitz said the case “reeks of politics”.
“This is a very bad treaty and a very bad piece of legislation which is being exploited by the United States.”