Daily Maverick

SA flight academy ensnared in

The arrest of a Chinese hacker in Canada and a former US pilot now in custody in Australia have brought a local company into the internatio­nal public eye because of their prior links to it. By

- Caryn Dolley

ASouth African flight academy is embroiled in an internatio­nal saga involving a convicted Chinese hacker, a former US marine and the UK issuing a treason-type warning that former military pilots should not provide training to China.

Australia has also warned that “it is a very serious crime” to leak its state secrets, after an investigat­ion found there were legitimate concerns about former Australian defence personnel giving training to China.

The situation has even resulted in the Test Flying Academy of South Africa (TFASA), which is based in Oudtshoorn in the Western Cape and operationa­l worldwide, consulting lawyers in the UK after reports recently surfaced there that it was in effect a headhuntin­g agency for the Chinese government.

The academy also posted a lengthy statement on its website, reiteratin­g it is not involved in any illegal activity.

understand­s that some people in the local aviation industry feel the academy has been singled out unfairly in terms of its dealings with Chinese clients.

No sensitive state informatio­n

Part of the academy’s statement says that “none of its trainers are in possession of legally or operationa­lly sensitive informatio­n relating to the national security interests of any country, whether those from where its employees are drawn or in which it provides training…

“TFASA also wishes to highlight that it has been in contact with the UK [Ministry of Defence] for many years and they are fully aware of the nature of the company’s business.”

The reason the academy seems to have cropped up in the saga is that two individual­s it previously did business with, who are linked to China, have been arrested.

Su Bin, a pilot from China, was detained in Canada in 2014 for stealing sensitive military data. Daniel Edmund Duggan, a military pilot originally from the US and once based China, was arrested last month in Australia, where he reportedly has citizenshi­p.

South Africa’s Department of Defence told

on 1 December that the TFASA was a private academy and it had nothing to do with it. If wrongdoing was detected, it could be reported to law enforcemen­t.

‘Eroding UK’s defence advantage’

The timing of Duggan’s arrest in Australia appears to be key to the internatio­nal saga.

On 18 October, just three days before he was detained, the UK Ministry of Defence’s press office posted a series of tweets hinting that there would be a crackdown on former British military pilots who provided training to the People’s Liberation Army of China.

The tweets implied the former pilots were putting the UK at risk.

The tweets read: “When former UK military pilots provide training to the People’s Liberation Army of China it clearly erodes the UK’s defence advantage. We are taking immediate steps to deter and penalise this activity:

1. Defence Intelligen­ce are engaging with the individual­s already involved to ensure they are fully aware of the risk of prosecutio­n under the Official Secrets Act.

2. The Government’s National

Security Bill will capture a range of relevant activity and provide additional possible routes to prosecutio­n.

3.We are conducting a review of the use of confidenti­ality agreements across Defence with the aim of providing additional contractua­l levers to prevent individual­s breaching security.”

Australian investigat­ion

The day after those tweets were published, it was reported that Richard Marles, Australia’s deputy prime minister and minister for defence, ordered an investigat­ion into Australian personnel working in China.

Two days later, on 21 October, Duggan was arrested in Australia at the US’s request.

This week, it seemed the charges against Duggan were yet to be unsealed, which means they were not public.

Duggan’s lawyer, Dennis Miralis, told the media that Duggan was classified as an “extreme high-risk” detainee, which is usually applied to murderers or convicted terrorists.

The case against Duggan is expected to proceed on 16 December. Meanwhile, after his arrest, the Australian government divulged more about what it had picked up about military training and China.

Marles held a press conference on 9 November and announced that he was unsettled by a Department of Defence investigat­ion into former Australian defence personnel providing training to China.

Maintainin­g national secrets

“There are enough concerns in my mind that I have asked [the Department of] Defence to engage in a detailed examinatio­n about the policies and procedures that apply to our former defence personnel, and particular­ly those who come into possession of our nation’s secrets,” Marles said.

“For those who do come into possession of our nation’s secrets, either through service in the Australian Defence Force or indeed service in any other part of the Commonweal­th, there is an enduring obligation to maintain those secrets… To breach that obligation is a very serious crime.”

It was not clear if Duggan’s arrest, by way of the US, was tied to what Marles said.

An online petition, which his wife Saffrine appeared to be driving, called for his release from custody.

Part of it said: “Daniel is away from his children, his beloved family, friends and community because of an obviously politicall­y motivated case…

“Daniel has been caught in a geopolitic­al storm for working in China, doing work that has been done there for decades by Western, African and European pilots for decades with the full knowledge of these government­s.”

Duggan was linked to an “adventure flight company” called Top Gun Australia.

Weapons and tactics instructor

The company’s website describes him as a former major in the US Marine Corps.

“Dan flew the famous AV-8B Harrier ‘Jump Jet’, ” it said.

“As all US Marine pilots, Dan is a ‘Naval Aviator’ and has compiled several hundred carrier landings on seven different aircraft carriers, a third of them being at night.

“As a senior tactical instructor Dan held every tactical instructor qualificat­ion including Weapons and Tactics

Instructor, Air

Combat Tactics Instructor,

Low Altitude

Tactics Instructor, Night Tactics &

Night Vision Goggle Instructor

... to name just some.”

Duggan was also once a contractor for the TFASA.

Arrestee worked in SA

This week, in a response to questions about the matter, a TFASA spokespers­on confirmed that Duggan “undertook one test pilot contract” for the academy in South Africa “over 10 years ago”.

Since then, the spokespers­on added, the academy “has had no contact with Mr Duggan whatsoever. Mr Duggan never worked for TFASA in China.”

The saga gets more intriguing.

The academy also had a previous business relationsh­ip with Su Bin – who went by other names, including Stephen Su and Stephen Subin – of China, who was later arrested, also because of US legal action.

The TFASA’s spokespers­on this week told

that a Chinese client introduced Su to its officials in 2009. (US authoritie­s later flagged some of Su’s emails from that year.)

“He facilitate­d a few test pilot courses in South Africa,” the spokespers­on said.

“However, due to disagreeme­nts over working arrangemen­ts, TFASA ended the relationsh­ip with Su Bin at the end of 2013. TFASA has had no contact with him since then.”

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