He said he would argue that his client should not be surrendered to the United States for multiple reasons,but in the event the case proceeds to a hearing “he would defend the indictment”.
“Under Australian law we do not have those charges;Australia does not have an arms embargo against China,Australia has not sanctioned China,” Miralis said.
“Therefore the extradition would fail on the basis it does not meet the requirements of dual criminality.”
Miralis said the Attorney-General should refuse the extradition request on this basis,but in addition to this “the charges are,by nature,political”.
“They’re political in the sense that this is a piece of legislation that’s intended to further America’s standing geopolitically and its international relations,” he said.
“The Extradition Act and the treaty between Australia and the US provide for an exception to extradition where the nature of the charges are political. These charges clearly are political in nature and that in and of itself would be sufficient ... to allow a magistrate to find Mr Duggan ineligible for surrender.”
Miralis said a complaint will be filed with the UN human rights commission about his client’s ongoing “inhumane” treatment in custody,including being refused medical treatment without explanation.
He said the inspector general of intelligence has engaged “very intensely” with his client,“at the very highest level”,and the “significant” interactions remain “ongoing”.
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“Governments who are seeking to throw individuals under the bus in circumstances where the government and the intelligence agencies were fully aware as to the engagement,now need to be brought to some independent account,” he said.
“We ask all states to respect the independence of the investigation ... the US should not interfere in the meantime.”
Duggan formerly operated Top Gun Australia,a business in Hobart offering scenic flights in fighter planes.
He will return to court in Sydney on December 20.
with Reuters
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