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Major development in case of ex-fighter pilot Daniel Duggan battling US extradition - with his fate now in the hands of Australia's Attorney-General Mark Dreyfus
Australia's Attorney-General will now decide if an ex-fighter pilot from the US will be extradited back to his home country for his alleged role in helping train the Chinese military after a Sydney court ruling.
Former top gun Daniel Duggan, 55, can be shipped back to the US to stand trial, Magistrate Daniel Reiss ruled at Sydney's Downing Centre Local Court on Friday.
Mr Duggan's barrister, Bret Walker SC, told the court that his client could not legally mount a defence and would not contest the ruling, 9News reports.
The former pilot has spent 19 months in solitary confinement in a maximum-security prison and will now await extradition under a temporary surrender warrant.
His wife, Saffrine, was joined by their children and other supporters outside the court to advocate for Mr Duggan's immediate release.
Former top gun Daniel Duggan, 55, can be extradited to the US, a Sydney court ruled Friday
Mr Duggan's wife, Saffrine, and their children were joined by other supporters outside Downing Centre Local Court on Friday calling for his release
Mrs Duggan said that her house has been commandeered by officials and her requests for Legal Aid rejected while her husband has been preparing his defence.
'This deliberate torture has to stop today,' Mrs Duggan said outside court.
'They have done everything in their power to make this difficult for my family, to try and break Dan and to break us, but we will fight no matter what.
'We respectfully ask the attorney-general to take another look ... and to bring my husband home.'
Mr Duggan was arrested in Australia at the request of the US after he was accused of breaching arms trafficking laws by providing military training to Chinese pilots.
Mr Duggan allegedly provided his services in South Africa from 2010 through to 2012 and received $100,000 for doing so.
He has 15 days to apply for a review in the Federal Court, otherwise it falls to Attorney-General Mark Dreyfus to determine whether he should be surrendered to the US.
Asked by Magistrate Reiss if Friday's hearing would be contested, Mr Walker told the court: 'Not really, no.'
Mr Reiss noted the position from Duggan's lawyers had 'streamlined the considerations significantly'.
The Magistrate reminded those in the attendance on Friday about contempt of court as one man likened the proceedings to a 'kangaroo court'.
Mr Duggan's family has argued that his charges are trumped up and politically motivated.
Mrs Duggan claims to have been rejected by Legal Aid and that the charges against her husband are trumped up and politically motivated
A petition with 25,000 signatures addressed to Attorney-General Mark Dreyfus calls for an end to Mr Duggan's extradition
Lawyer Bernard Collaery asked for him to be held at Lithgow to be closer to his family.
Outside court, Mr Collaery described the court's decision as an administrative step that would be followed by a lengthy submission to Mr Dreyfus.
'This was not an examination of the evidence, this was not a mini-trial of matters that are to be decided elsewhere,' he said.
In April Mr Duggan unsuccessfully tried to postpone the hearings after claiming to have spent $800,000 in legal bills.
While in prison he wrote a letter stating to have never broken the law since the Australian Security Intelligence Organisation and US Naval Central Intelligence Service both knew what he was doing at the time.
More than 25,000 people have signed a petition calling on Mr Dreyfus to release Mr Duggan from prison and end his extradition.
Greens senator David Shoebridge offered to table the petition in parliament.
Mr Shoebridge said the country needs to 'show some guts' and 'make it clear that being an Australian citizen matters'.
A spokesman for the attorney-general said the government did not comment on extradition matters.