An Australian grandmother serving a six-year sentence in Japan for attempting to smuggle two kilograms of methamphetamine into Tokyo has had her appeal rejected.
The drugs were discovered in the lining of a suitcase belonging to Donna Nelson, from Perth, at Narita Airport in January, 2023.
Nelson had claimed she was the victim of a love scammer who tricked her into carrying the drug-laiden luggage.
On Thursday the Japan High Court dismissed her appeal and found she was negligent in accepting the luggage from the conman, the ABC reported.
The man, who Nelson knew as ‘Kelly’, spent two years romancing the Perth grandmother and talking about his fashion and travel case business in Japan.
They were set to meet in-person when Kelly bought Nelson tickets to Japan in 2023, with a three-day layover in Laos.
Nelson communicated with her daughters from a hotel in Laos and appeared to be enjoying her vacation – the last interaction they had before she was detained at the airport in Japan.
It is understood that during her layover, Nelson was approached by an ‘associate’ of Kelly who provided her with a bag, claiming it was a sample that Kelly required for his business.
Donna Nelson (pictured), from Perth, was sentenced to six years behind bars in Japan
Nelson’s family have supported the Perth grandmother and claimed she would not willingly smuggle drugs (pictured, nelson’s daughter Kristal Hillaire)
She failed to tell authorities at the Japanese airport that the bag was not hers and claimed she was travelling for ‘business’.
This week, the Tokyo High Court determined that Nelson should have had reasonable suspicions about carrying an unfamiliar bag and that the request was ‘strange’ and ‘unnatural’.
Nelson’s lawyers argued she had searched the bag herself and only found clothing samples packed inside.
Her defence team further added it was ‘inconceivable’ someone of Nelson’s character would purposely attempt drug smuggling.
“The defendant has, until now, committed herself as a leader within the Aboriginal community to assisting children affected by families shattered by poverty, alcohol, and drug use,” defense lawyer Rie Nishida informed the court.
The court also heard new evidence from a romance scam expert, Monash University Professor Monica Whitty.
Prof Whitty’s report outlined the nature of love scams and found Nelson was a ‘blind mule’ in the drug smuggling operation.
‘She is a victim of fraud,’ the report stated.
Nelson’s family was present at the Japan High Court on Thursday to support her, as she contended that she was a victim of a ‘love scammer’ who asked her to transport a drug-laden bag into Japan.
‘The original judgement should be quashed.’
Nelson’s family attended court to support their mother on Thursday.
A fundraiser organised by the family last year said they were determined ‘in our fight to free our Mum and bring her home, where she belongs’.
‘Our mum had no knowledge of this and we maintain that she is a victim of a crime and not a criminal,’ the fundraising page stated.
‘We cannot say any more about this case at this time as we consider preparing for an appeal, but we are devastated by this verdict and will not stop fighting for our mum.’
Nelson showed her appreciation to her loved ones on Thursday when she mouthed ‘I love you’ to her supporters in the courtroom.
She soon after began to cry and was emotional while introducing herself to the court.
However, the high court rejected the new evidence during the first day of the appeal.
Nelson (pictured) mouthed ‘I love you’ to her supporters in the courtroom on Thursday before breaking down in tears
Kensho Masaki, a Tokyo attorney not involved in the Nelson case, explained the evidence from the love scam expert should have been presented in the initial trial.
‘The appeal would just look like a desperate last-ditch effort,’ he told the ABC.
‘That’s important evidence, so it definitely would have been better to present it in the first trial.’
The judge in the initial trial had admitted Nelson was a victim herself, so gave her a ‘lenient’ sentence of six years behind bars, which her children disagree with.
It’s understood Nelson’s family will now appeal to have their mother transferred to Australia in a prison swap deal.
