The US has asked Australia to extradite a former marine accused of breaking American arms control laws by training Chinese fighter pilots.
Daniel Duggan, a former US citizen, has been in custody since his arrest in Australia in October.
Mr Duggan says he hasn’t broken any laws and his lawyer argues the charges are politically motivated.
Nations including Australia and the UK are warning air force personnel against taking similar lucrative contracts.
Mr Duggan is facing four charges in the US over “military training” they say he provided to Chinese pilots at a “test flying academy” in South Africa more than a decade ago.
Reuters earlier this week reported the contents of Mr Duggan’s indictment, which claimed he did not seek authorisation from the US government to provide military training to China, despite the US State Department informing him by email in 2008 that he had to do so to train a foreign air force.
The former pilot, who is now an Australian citizen and has renounced his US citizenship, was arrested two months ago in Orange, New South Wales, at the request of the US.
Mr Duggan’s lawyer, Denis Miralis, said it would be a “miscarriage of justice” if he was sent to face a trial in the US. Australia should oppose extradition, he says, because there is no equivalent to the charges in Australian law.
“Australia does not have an arms embargo on China, Australia has not sanctioned China, therefore the extradition should fail on the basis it does not meet the requirements of dual criminality,” he said.
But Australia is also cracking down on the practice. Its defence minister last month announced a review of secrecy polices in the country’s defence force after reports former Australian military personnel were being targeted to provide training.
“Let me be clear: Australians who work or have worked for the government in any capacity… who come into possession of the nation’s secrets, have an obligation to maintain those secrets beyond their employment,” Richard Marles said.
In October the UK also issued an intelligence alert to warn former military pilots against working for the Chinese military.
Mr Miralis also said he would file a complaint with the UN Human Rights Commission about Mr Duggan’s “inhumane” treatment in custody, claiming he had been denied medical treatment.
Mr Duggan’s matter will return to a Sydney court on 20 December, five days before the Australian government’s deadline to decide on the extradition request.
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