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Spy watchdog launches inquiry into former ‘Top Gun’ pilot’s arrest – Sydney Morning Herald

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This was published 6 months ago
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Former top gun pilot Daniel Duggan’s legal team is calling for his immediate release from a NSW prison after they were informed by the nation’s spy watchdog that it had launched a formal inquiry into the events leading up to his arrest.
Duggan is facing extradition to the United States after he was arrested by the Australian Federal Police in October at the request of American authorities, who accuse him of helping to train Chinese military pilots to fly fighter jets more than a decade ago.
Former pilot Daniel Duggan was arrested last year after allegedly assisting the Chinese state.
The 54-year-old Australian citizen, who lives on a farm outside Orange in NSW with his wife and six children, but has been imprisoned for more than five months, denies the allegations and claims the US is trying to make a political example of him.
Duggan’s lawyer, Dennis Miralis, said the Inspector General of Intelligence and Security (IGIS) informed him on March 21 that it had launched a formal inquiry which has the standing powers of a royal commission, including the ability to compel witnesses to give evidence and seizing documents.
Miralis said a letter requesting Duggan’s immediate release would be sent to Attorney-General Mark Dreyfus on Monday.
“In these circumstances, we will be requesting that the attorney-general and the US immediately end Dan Duggan’s extradition, in order to ensure the independence and integrity of the IGIS inquiry which has now commenced,” Miralis said.
“These matters strike at the very heart of the lawfulness or otherwise of Mr Duggan’s extradition.”
Daniel Duggan’s wife Saffrine says her husband is innocent.Credit: Monique Lovick
Dreyfus’s office and the IGIS were contacted for comment.
The launch of the inquiry follows a five-month preliminary investigation by the IGIS after Duggan’s legal team sent the agency two separate complaints on November 11 and March 12.
One of the complaints centres on Duggan’s contact with Australian security agencies while he was still in China last year.
Miralis said Australian authorities, including counter-espionage agency ASIO, may have deliberately lured Duggan back to Australia for the purposes of arresting him.
He said Duggan was given his clearance for an aviation security identification card – which he needed to get a job – while he was still in China, and Australian authorities would have been aware at this time that he was subject to an indictment in the US and were monitoring him.
“We are asking ASIO to confirm or deny whether or not it was involved in a lure at the behest of the US, or in concert with the US, with the view to having Dan believe his security clearances were positive,” he said.
Duggan is currently being held in maximum security conditions at Lithgow prison.
In 2010, Duggan began working as a subcontractor for South African company Test Flying Academy, which is now subject to a “threat alert” warning issued by the British Ministry of Defence.
The US indictment alleges Duggan was involved in providing military services to Chinese pilots in return for 12 payments, totalling about $116,000, between January 11, 2011 and July 6, 2012.
It also reveals the US State Department emailed Duggan as early as 2008 to tell him he needed to apply for written authorisation to provide military training to a foreign air force.
All of the alleged offences occurred before Duggan renounced his US citizenship and became an Australian citizen in late 2012.
Further evidence against Duggan was submitted by the Attorney-General’s Department in a Sydney court last Monday, but his legal team has fought against making the material public.
His lawyers are arguing that the offences for which Duggan is accused of in the US are not crimes in Australia, and therefore it doesn’t satisfy the “double criminality” test for extradition under Australian law.
His wife, Saffrine, is urging Dreyfus to release Duggan so he could be with his family now that the official inquiry was underway.
“We also continue to urge the NSW government to remove Dan from the inhumane conditions where he is being held in direct contravention of United Nations treaties,” she said.
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