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Australian ‘Top Gun’ pilot to be held in Supermax ahead of extradition hearing, lawyer says – Sydney Morning Herald

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This was published 10 months ago
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A former US military pilot who was arrested in Australia shortly after returning from China will deny he committed any criminal offence and make a complaint to the inspector general of intelligence, his lawyer has said.
Daniel Duggan, 54, an Australian citizen and father of six from Orange in central western NSW, has been in custody since he was arrested at the request of the United States on October 21. A formal request has not yet been made for his extradition.
The arrest came shortly after Australian authorities said they were investigating the practice of former military personnel being offered lucrative contracts to train pilots in China.
Daniel Duggan formerly operated Top Gun Australia, a scenic flight business.
Duggan’s lawyer, Dennis Miralis, said on Friday the exact allegations against his client remain unclear because he was secretly indicted by a US grand jury and the details are not required to be divulged until a formal extradition request is made.
He said Duggan maintains that he has not broken the law in China, Australia or the United States.
“Whilst there is some commentary concerning the nature of the allegations, Mr Duggan’s position is very clear: he denies having breached any US law, any Australian law, any international law,” Miralis said. “This is a position that he will defend vigorously.”
The United States has 60 days to make the formal extradition request. Duggan formerly operated Top Gun Tasmania, a business in Hobart offering scenic flights in fighter planes.
When the case was mentioned at Downing Centre Local Court on Friday, Miralis told the court he will ask the Inspector-General of Intelligence and Security to investigate his client’s case.
He indicated that Duggan will potentially apply for bail pending the outcome of the request.
Speaking as he left court, Miralis – who specialises in international law and extradition – said his complaint will raise “substantial concerns about the conduct of multiple state actors” including China.
Lawyer Dennis Miralis speaks outside court on Friday.Credit: Georgina Mitchell
The complaint will also concern “a number of interactions” between his client and intelligence agencies in the weeks between his return to Australia and his arrest.
Miralis said his client was recently advised he will be moved to Goulburn Supermax – a move which will be challenged in court if necessary. He described the move as “dramatic and aggressive” and “without any proper foundation”.
He said Duggan was also not given privacy during a legally privileged conversation, and a complaint had been made.
“He is holding up as well as one can expect in these extraordinary circumstances,” Miralis said.
Miralis said it would be inappropriate for the United States to send an extradition request, and for Australia to accept it, while the Inspector-General of Intelligence was reviewing the case.
“This has nothing to do with law, this has everything to do with international politics and international relations,” he said.
“We are saying to all state parties involved that there is an independent process which we anticipate will commence in due course upon making a complaint.
“That process must be allowed to be undertaken without any undue interference by any foreign state and that process is one that should be observed, strictly.”
The case will return to court on November 28.
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