The Tokyo High Court has rejected expert evidence defence lawyers hoped would overturn drug trafficking charges against a Perth grandmother.
Donna Nelson was arrested in January 2023 at Tokyo’s Narita Airport after two kilograms of methamphetamine was found hidden in the lining of her suitcase.
She claims she was the innocent victim of a love scam, but the Chiba District Court ruled she ignored too many red flags.
The court rejected some of the evidence presented during Nelson’s appeal of her six-year jail term. (Supplied)
Defence lawyers hoped expert evidence outlining the sophistication of romance scams, presented to the Tokyo High Court today, could overturn the verdict.
Nelson, 58, is serving six years in jail in Japan, and the new evidence was aimed at proving she could not have known she was smuggling drugs.
Jailed Perth grandmother’s bid for appeal in Japan court
But on appeal, the court today struck it down.
Online romance
Nelson had travelled to Japan to meet a man she had been in an online romance with for two years.
The man, known as Kelly, paid to fly her to Japan via Laos, and asked her to collect a bag during her layover he claimed was for his clothing business.
Nelson checked the bag, but upon arrival at Narita Airport, luggage scanners found the drugs hidden in the suitcase lining.
Nelson’s daughters had hoped the appeal would have brought their mum home, after a taxing two-and-a-half years.
“It’s kind of just like survival mode,” daughter Ashlee Charles told the ABC.
“You’re not really given any other choice but to cope.”
Donna Nelson’s daughter Ashlee Charles says she’s been in “survival mode” since her mother’s conviction. (ABC News: Lauren Smith)
In finding her guilty, the Chiba District Court did not rule that Nelson knew she was smuggling drugs.
Rather, it determined the story of Kelly should have raised enough suspicions for Nelson to refuse to carry the bag.
In their appeal, lawyers for Nelson had argued this was ‘hindsight bias’ and submitted evidence from Monash University romance scam expert Monica Whitty.
“Ms Donna Rose Nelson was a blind mule,” the submitted evidence said.
Romance scam expert Dr Monica Whitty’s evidence forms the crux of Donna Nelson’s appeal. (ABC News: Lauren Smith)
“The criminals used sophisticated techniques to manipulate her, ensuring she was unaware of their plans to exploit her in this way.
After the defence’s submission was struck down, Nelson’s lawyer Rie Nishida was asked outside court if her team was still confident they could win the appeal.
“It’s very difficult, but I still believe we have much a better understanding about how she was scammed, so I strongly hope the judge will understand too,” she said.
Ms Nishida hopes the High Court will understand the defence’s argument. (ABC News)
Ms Nishida said the High Court could decide to uphold the appeal or dismiss it, or it could also send the case back to trial.
Also speaking outside court, Nelson’s daughter Kristal Hilaire said she was “disheartened” by the day’s outcome.
Ms Hilaire travelled to Japan for her mother’s court appearance. (ABC News: James Oaten)
“The fight doesn’t end, we have to get her home, there’s no other way around it,” she said.
Speaking before Thursday’s decision, Ms Charles said the family was trying to prepare for any outcome, including a prisoner transfer to Australia should the appeal fail.
“We’ve had a conversation with our foreign minister, Penny Wong,” Ms Charles said.
“She’s reassured us that that would be something that she can help with.”
The High Court will announce its judgement on September 25.
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