HomeAUEx-Top Gun Pilot's Extradition Appeal Rejected: Legal Battle Intensifies

Ex-Top Gun Pilot’s Extradition Appeal Rejected: Legal Battle Intensifies

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A former US fighter pilot accused of training Chinese soldiers is set to be extradited from Australia after his appeal was dismissed after a years-long legal battle.

Daniel Duggan has been held in custody for three and a half years, accused of violating US arms-trafficking laws by instructing Chinese pilots in South Africa between 2010 and 2012.

He was arrested at the behest of the US in 2022 while at a supermarket in regional NSW, where he lived with his wife Saffrine and six children.
Former US military pilot and Australian citizen Daniel Duggan. (Supplied Nine)

The Duggan family’s protracted battle against his extradition suffered a significant setback in December 2024 when the then-attorney general, Mark Dreyfus, sanctioned the extradition process.

They challenged the decision in the Federal Court, which handed down its ruling today in the nation’s capital.

In a succinct yet impactful ruling, Justice James Stellios rejected the appeal and ordered Duggan to cover the government’s legal expenses.

An appeal against this decision can be filed within the next 28 days.

Duggan’s legal team contended that the alleged offense was not recognized as a crime in Australia at the time, which contradicts the stipulations of the extradition treaty.

Former US military pilot Daniel Edmund Duggan has been held in prison for one year as he fights an extradition bid.
Duggan was held in prison for more than three years as he fought the extradition bid. (Nine)

An offence must have been criminal in both the requesting and requested countries for an extradition to be legally permissible.

Ms Duggan gathered with supporters to hear the decision being handed down.

She has been open about the crippling financial toll the legal battle has taken on her family, who estimate their legal bills amount to about half a million dollars.

Duggan has been refused Legal Aid, while an injunction placed on his family’s half-built house means they can neither sell it nor live in it.

He had been kept in a maximum security prison in central NSW around 100km from his family, Ms Duggan previously revealed.

Charges and an indictment were first filed against the Australian citizen in a sealed court case during US President Donald Trump‘s first term.

Duggan previously wrote in a letter from prison that he believed his activities were not illegal and Australian and US intelligence services knew of his work.

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