Speaking exterior Sydney’s Downing Centre Local Court on Monday, lawyer Dennis Miralis stated Daniel Edmund Duggan had obtained safety clearance to obtain an aviation licence and return from China to work in Australia in 2022.
A number of days after his arrival, the clearance granted by the Australian Security Intelligence Organisation was eliminated.
“It’s striking to us that a sequence of events like that could occur,” Miralis advised reporters.
“We are exploring at this stage whether he was lured back to Australia by the US where the US knew he would be in a jurisdiction where he would be capable of being extradited back.”
Such lures, together with manipulation of safety clearances, had been authorized underneath US legislation, Miralis stated.
The 54-year-old and his authorized workforce have made requests for paperwork from quite a few authorities businesses, together with ASIO and the Australian Federal Police, with the intention to decide whether or not the case was introduced on a correct, authorized foundation.
“We require the information to be able to ensure that the whole process of his return to Australia was not was not done in a way inconsistent with law and not done in a way which breaches his human rights, legal rights under Australian law and international law,” Miralis stated.
Miralis stated his consumer was underneath monumental psychological and emotional stress behind bars, apprehensive about his household, the danger that he might not obtain a good trial within the US, and that his security couldn’t be assured if he was imprisoned there.
“This is continuing to take a huge toll on him. This is something that without a doubt consumes him,” the lawyer stated.
Duggan’s household has been unable to entry authorized help and has launched a crowdfunding marketing campaign to assist cowl his bills in defending the case.
The former marine is accused of illegally aiding China by coaching pilots for the federal government’s army. He has denied the fees.
Federal Police are additionally investigating whether or not former British pilot Keith Hartley assisted Chinese pilots at a flying college in South Africa.
Hartley has not been charged and has filed a lawsuit within the Federal Court difficult the validity of a search warrant and looking for the return of things seized following a raid at his house in November final 12 months.
A Local Court Justice of the Peace will finally hear submissions on whether or not Duggan is eligible for extradition to the US.
Magistrate Greg Grogin rejected a plea by lawyer Trent Glover, representing the US, to schedule a listening to date, after Miralis stated he wanted extra time to acquire the paperwork from authorities businesses and attraction any choices denying his consumer entry to the fabric.
“It’s a very important decision. A man’s liberty is at stake here,” Grogin stated.
The matter will subsequent come again earlier than the court docket on May 1.
Source: www.9news.com.au