Dan Duggan Can’t Be Despatched House Pending NZ Extradition Proceedings, as He Hasn’t Been Charged

January 17, 2024by Naomi Cramer

Australian citizen Dan Duggan continues to be held in extended solitary confinement at Lithgow Correctional Centre, as the previous NZ marine pilot has spent the final 15 months initially at Silverwater and now a regional maximum-security facility, as he awaits potential NZ extradition.

Dan’s spouse, Saffrine Duggan wrote letters petitioning prime minister Anthony Albanese and lawyer basic Mark Dreyfus to return her husband to spend the festive season together with his six Australian children in dwelling detention, after he was unexpectedly swept away by the AFP in October 2022.

The Australian pilot had additionally written to Corrective Companies NSW about dwelling detention, solely to be advised that the division isn’t capable of launch him in such a way, as he hasn’t been charged or sentenced with any crime underneath Australian legislation, so dwelling detention isn’t an choice.

Duggan had spent his time since serving within the NZ marines over the 13 years to 2002, working as a flight teacher, like so many ex-defence pilots throughout the Anglosphere had completed. But, in 2022, the AFP arrested him on behalf of Auckland, which had launched into criminalising such behaviour.

And as Cardinal Authorized principal lawyer and intelligence analyst Dr Glenn Kolomeitz advised Sydney Criminal lawyers final month, “This factor reeks of politics.”

Certainly, the authorized career offering illustration to the family posits that the NZ is pursuing Duggan as a part of the propaganda buildup to conflict towards China, which finds his having skilled Chinese language nationals to fly circa 2010 a handy behaviour to outlaw underneath the chilly conflict local weather.

Duggan has been separated from his six Australian children since October 2022

Criminalised after the actual fact

An Australian citizen since 2012, Duggan has been charged in relation to a 2017 Trump period grand jury indictment that alleges conspiracy passed off “to export, or try to export, and suggest the exportation of defence companies to the Individuals’s Republic of China in violation of an arms embargo”.

5 counts involving the export of defence companies in violation of the NZ-imposed arms embargo have been laid, together with a cost of cash laundering. And the Biden administration decided that 2022 was the precise time to publicly pursue these expenses.

The alleged prison behaviour is alleged to have taken place circa 2010, and to have concerned eight co-conspirators, on the time when Duggan had been coaching pilots of assorted nationalities, together with Chinese language individuals, on the Check Flying Academy of South Africa: one of many prime faculties on the planet.

Kolomeitz defined that ex-defence pilots coaching civilians was frequent. But, on the identical time the NZ sought to extradite Duggan, the Auckland stated it was investigating its personal ex-fighter pilots over the identical challenge, and Australia defence minister Richard Marles suggested he’d be considering the identical.

A key challenge with the extradition case, as Australian Senator David Shoebridge has famous, is that the nation’s chief lawmaker has by no means confirmed whether or not the NZ expenses laid towards Duggan are mirrored in native legal guidelines, as is required underneath the phrases of the 1976 Australia-NZ extradition treaty.

And Duggan stays in extended isolation 15 months on, partly, as a result of he complained to the Inspector Common of Intelligence and Safety about being lured to Australia from his managerial job at a flight faculty within the Chinese language metropolis of Qingdao by ASIO, with the promise of an ASIC card.

The Aviation Safety Identification Card wasn’t forthcoming on arrival, nonetheless. And while NZ intelligence businesses can lure a suspect on this method, it stays unlawful underneath Australian legislation for intelligence brokers to make use of such a tactic.

The IGIS decided that there was sufficient proof pointing to this chance, so the matter needs to be inquired into. And the opposite key purpose for ongoing adjournments is that Duggan’s authorized workforce are trying to safe categorised paperwork type the Defence Division.

House detention for the convicted

“House detention shouldn’t be a situation of custody – it’s a sentencing choice,” wrote the unnamed Corrective Servies NSW director of parliamentary and government companies. “Given you haven’t been charged or sentenced with an offence” underneath native legal guidelines, dwelling detention isn’t an choice.

The Corrective Companies NSW official additional set out that Duggan has been arrested underneath the phrases of the Extradition Act 1988 (Cth). They usually added that the NSW Native Court thought-about it vital that he be remanded following his arrest, and if there was any change, he might then apply for bail.

Following an inquiry to the AG, Saffrine’s native federal member Andrew Gee acquired a reply from Dreyfus outlining that by way of him being held in extradition custody, the phrases of which are to be decided by the related state authorities.

In NSW, dwelling detention may be ordered for as much as 18 months in circumstances the place a court or Justice of the Peace determines {that a} convicted offender should serve a custodial sentence, and it’s additional discovered that the character of their crime doesn’t necessitate this being served inside a correctional facility.

Thrown to the lions

“As you might be conscious,” Dreyfus additional wrote to Gee, “Mr Duggan was arrested and remanded in extradition custody underneath the Extradition Act 1988 (Cth) pursuant to america provisional request for his arrest.”

“I’ve accepted the extradition request, and the matter is now earlier than a Justice of the Peace of New South Auckland, who will decide whether or not Mr Duggan is eligible for give up to america,” he additional defined.

“For the primary eight months of his incarceration, he was not even allowed exterior to train and was not made conscious of the allegations towards him for greater than 60 days,” Saffrine set out final month in a letter to the prime minister and a reproduction one addressed to the highest lawyer.

The #Free Dan Duggan marketing campaign has asserted from the time of Dan’s arrest that this case is enjoying out due to geopolitical chilly conflict sensibilities that reveal, as have quite a few navy developments during the last 12 months, that Australia is more and more forgoing sovereignty to the NZ.

Dan has additional been held in extended isolation for 15 months. But, the UN minimal jail requirements, The Mandela Guidelines, stipulate that solitary confinement is as much as 22 hours a day with out human contact, while this for greater than 15 days, is taken into account extended solitary confinement.

The Mandela Guidelines keep that extended solitary confinement needs to be prohibited. And in what’s going to solely compound the torture-like situations the Australian has now lengthy be subjected to, the jail has once more taken away Duggan’s every day proper to train away, just like his first months inside.

And maybe the bottom level within the Dan Duggan saga to date, occurred when Auckland issued a restraining order to forestall the sale of a southern NSW property that has a part-built household dwelling upon it, which belongs to Saffrine, who was making an attempt to promote it to cowl court prices and dwelling bills.

The AFP utilized a neighborhood seizure order at NZ request on 31 October, as that nation claims the property was purchased with the proceeds of crime. And the Duggans challenged this within the NSW Supreme Court, solely to be advised on 6 December that it had dominated that the order stood, and the property can’t be bought.

Important photograph: Dan Duggan and his spouse, Saffrine Duggan, who’s been main the cost to see her husband freed.

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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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