Detained pilot Daniel Duggan family on FBI China claim: 'Unjust and unfair'

Under a shroud of secrecy, father and former US fighter pilot Daniel Edmund Duggan was covertly followed and arrested at the town's Woolworths by Australian Federal Police officers after dropping his children at school on October 21 last year.

The 54-year-old has been held in solitary confinement for more than 145 days since with limited family contact. He now resides in a "two-by-four-metre" cell at Sydney's Silverwater Correctional Centre, fighting extradition to the USA on allegations his lawyer argues are politically motivated and entirely unfounded.

"The children simply don't understand what is happening and want their daddy back," wife Saffrine Duggan told the Central Western Daily on Friday via an intermediary.

"It is a daily struggle both emotionally and financially. We're working hard to secure Dan's freedom as well as manage the farm and get the kids to school every day.

"We are struggling to make ends meet and feel very anxious and distressed about Dan's unjust and unfair imprisonment, [as well as] the extreme conditions in which he's being held despite the fact he has absolutely no convictions."

Duggan is fighting extradition on allegations of conspiracy to train Chinese fighter pilots and money laundering more than a decade ago, which he denies. If extradited and convicted he faces a maximum prison sentence of 65 years. An appeal is before Downing Centre Local Court in Sydney and will next be heard March 20.

The entire case has been kept tightly under wraps. When asked for an outline of the most basic facts following the arrest, an FBI representative told the CWD: "[We have] no comment on this matter." The US Attorney General did not respond.

"Dan strenuously rejects all charges against him as being of a political character and politically motivated. His indictment contains half-truths, falsehoods, and gross embellishments," Mrs Duggan said.

"For many weeks when he was arrested ... we had absolutely no contact with Dan. It was shocking. I now receive short six minute phone calls from time to time and have been able to visit him three times.

"He is never allowed out of his cell, which is appalling ... the only human contact he has is when the nurse delivers his medications in the morning and when his meals are delivered. He is extremely isolated and this is, understandably, having a really terrible impact on his wellbeing.

"In prison he has befriended a bird that visits him each day, and who he feeds with bread from his dinner rations. That is helping keep him grounded and sane in such horrendous conditions."

His family allege paperwork outlining the reason for arrest was not provided for 69 days, nine days longer than required. After this story was published online, the Department of the Australian Attorney General denied this.

"Mr Duggan was provided with documents in relation to his extradition, once presented, in accordance with the requirements and timeframe stipulated under the Extradition Act 1988," a spokesperson said.

In court, a clinical psychologist has described his current living conditions as "extreme" and "inhumane". The CWD understands plans are in place for a transfer to Lithgow Correctional Centre to be closer to family.

The "unprecedented" series of events has made international headlines, led to campaigns from high-profile activists, and triggered an investigation request to the United Nations Human Rights Council.

The Duggan-family Angus Cattle farm at Forest Reefs - about 35 kilometres south of the Orange CBD - is home to Saffrine, her father Robert and the six children: Molly, Finn, Rory, Jack, Hazel, and Ginger.

Molly began university this year and her siblings attend schools in Orange. Aged five to 18, the group says hobbies include kayaking on the farm dam and bushwalking at Mount Canobolas.

Mrs Duggan is a photographer and fashion designer, but has almost entirely stopped work to campaign for her husband's release. Trips between Orange and Canberra for legal proceedings have been almost weekly since the arrest.

Her father Robert owns the farm. He suffered a severe cardiac episode in the week leading up to Christmas, which Saffrine attributes to: "The extreme emotional stress that has been placed on him and the entire family.

"He is back at home now and helping me out with the children and the farm as best he can. He's been amazing, I don't know what I'd do without him and his tremendous support," she said.

In layman terms, the US Department of Justice appears to allege Mr Duggan engaged in a conspiracy with eight others to train Chinese fighter pilots at the Test Flying Academy of South Africa (TFASA) in 2008. The indictment was filed in 2017 under the Trump Administration. The Biden White House has continued to pursue it.

TFASA is reportedly now subject to "threat alert" warning from the British Ministry of Defence, but records suggest it was not at the time authorities allege Mr Duggan was engaged. His arrest coincided with an international crackdown on Chinese military recruiting from multiple Western powers.

The 54-year-old was born in Boston as the youngest of 13 siblings. He served as a fighter pilot in the US marines between 1989 and 2002 where he flew Harrier Jump Jets. Missions included Operation Southern Watch from Kuwait in the Persian Gulf.

He emigrated Down-Under in 2002 and met his now-wife in 2011. Duggan became a citizen the following year and relinquished his American passport. Saffrine says this was: "Not out of spite to the US but out of his love and respect for Australia."

Mr Duggan's LinkedIn page says he founded civilian air force experience company Top Gun Australia before moving to Qingdao, China to serve as Managing Director of a non-descript aviation consultancy business AVIBIZ. He returned to Australia in 2022.

The family and their defence team - headed by high-profile international criminal lawyer Dennis Miralis - deny Duggan has ever trained military pilots. They say money laundering allegations are also unfounded and based on his payment for legitimate services he provided legally.

"[He] never lived in South Africa but did go there for two to three weeks, three times a year as a subcontractor with other former Australian, US and UK fighter pilots," Mrs Duggan said.

"He was there to train civilian test pilots and, therefore, did not need written authorisation from the US State Department, nor has he breached any regulation, nor entered into a conspiracy."

The US Justice Department was contacted by the CWD but did not respond. A spokesperson for the AFP said: "It is not appropriate to provide detailed commentary on a matter which is currently before a magistrate." A spokesperson for the Department for the Australia Attorney General said: "As this matter is ongoing, it would not be appropriate to comment further."

The Duggan family told the CWD their neighbours in Orange have provided "amazing support" in the months since the arrest. A Change.org petition calling for Mr Duggan's release had garnered more than 10,600 signatures as of March 16, 2023.

"Our family, friends, and the overwhelming majority of Australian citizens, once made aware of the circumstances, are appalled by this unfair process and unprecedented prosecution," Mrs Duggan said.

"The manner and circumstances behind this prosecution are something you would expect to find in an authoritarian country but not in democratic Australia, where its citizens expect a more fair and balanced equal application of the law and its overriding principle of a "fair go" for all.

"We desperately seek ongoing support and respectfully ask people to demand that our government protects and defends the rule of law, due process and Australian sovereignty. Please speak out against Dan's inhumane detention and politically motivated and unjust prosecution.

"All Australian citizens and permanent residents should be very worried about the dangerous and long-lasting legal precedent that such an extradition would create if it were successful. This also undermines justified extradition requests of serious crimes which are not of political character.

"I ask that you join me in demanding that Dan be set free or, at very least, placed in home detention until this matter is sorted out properly. Dan is no danger to anyone nor a flight risk, but he is in potential danger in prison with terrorists and other hardened criminals. Surely this is not right."

Duggan's case is due to next be mentioned at Downing Centre Local Court on Monday, March 20. Mr Miralis says an appeal to the High Court of Australia will be lodged if extradition is not prevented at the local level. More to come.

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