{"id":253498,"date":"2025-09-25T11:40:17","date_gmt":"2025-09-25T11:40:17","guid":{"rendered":"https:\/\/www.europesays.com\/us\/253498\/"},"modified":"2025-09-25T11:40:17","modified_gmt":"2025-09-25T11:40:17","slug":"perth-grandmother-donna-nelson-loses-appeal-over-japan-drug-smuggling-conviction","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/253498\/","title":{"rendered":"Perth grandmother Donna Nelson loses appeal over Japan drug smuggling conviction"},"content":{"rendered":"

Perth grandmother Donna Nelson has lost her appeal to the Japan High Court against her drug smuggling conviction.<\/p>\n

Nelson is serving six years’ jail after two kilograms of methamphetamine were found in the lining of her bag at Narita Airport, just outside of Tokyo.<\/p>\n

Nelson claimed she was the innocent victim of a love scammer and was duped into carrying the bag that contained the drugs hidden in the travel case lining.<\/p>\n

\"Court<\/p>\n

The family of Perth woman Donna Nelson were present in Tokyo’s High Court to hear the appeal against her conviction for drug smuggling dismissed.\u00a0 (Supplied: Yoshitaka Enomoto)<\/p>\n

But a Japanese court ruled Nelson was negligent, and that she must have had doubts about what she was doing.<\/p>\n

Nelson had struck up an online romance with a man called “Kelly”, who claimed to have a fashion and travel case business in Japan.<\/p>\n

\"A<\/p>\n

Nelson sparked an online romance with a man known as “Kelly”. (Supplied)<\/p>\n

The pair spoke for almost two years before he bought her tickets to Japan, with a three-day layover in Laos.<\/p>\n

During this time, an associate of Kelly gave Nelson a travel bag, claiming it was a sample he needed for his business.<\/p>\n

Nelson was arrested in January 2023 when arriving in Tokyo with the bag, which had methamphetamine inside.<\/p>\n

Court strikes out appeal<\/p>\n

On Thursday, the Tokyo High Court upheld the initial trial’s ruling, saying Nelson must have had doubts about the “strangeness” of the request to bring a bag from Laos to Japan.<\/p>\n

The love scammer who ruined Donna’s life<\/a><\/p>\n

Grandmother Donna Nelson sits alone in a Japanese jail for 23 hours a day, far from the life she planned with her online boyfriend of two years. The court accepted the 59-year-old was love scammed, but sentenced her anyway.<\/p>\n

It described the request as “unnatural”, and said Nelson had the time and opportunity to consider the situation.<\/p>\n

The court noted she had stated concerns about transporting other people’s bags just a month before her trip to Japan.<\/p>\n

But Nelson’s lawyers maintained she searched the bag and only found clothing samples inside.<\/p>\n

Donna Nelson mouthed “I love you” to her family as she walked into the courtroom, before she started to cry.<\/p>\n

Loading…Family devastated<\/p>\n

Three of Donna Nelson’s daughters, including Kristal Hilaire, along with some of her grandchildren, were in Japan for Thursday’s decision.<\/p>\n

“I think the younger ones, like her grandson, are pretty devastated and I’m in a state of numbness, because I’m the oldest and have to be there for the others,” Ms Hilaire said.<\/p>\n

“It’s very tiring to keep fighting this fight and I just thought \u2026 we all would be able to rest and be going home with her.”<\/p>\n

\"Kristal<\/p>\n

Kristal Hilaire said she had been hopeful this would be the end of the matter. (ABC News: James Oaten)<\/p>\n

Nelson’s family will now decide whether to appeal today’s ruling or seek to have her sent to Australia as part of a prisoner swap deal.<\/p>\n

A total of 670 days of credit has also been taken into account for Nelson’s six-year sentence.<\/p>\n

Ms Hilaire said she was planning to visit Nelson on Friday to discuss the way forward.<\/p>\n

“She was disappointed in the outcome and I think she wants to get information on what options she has,” she said.<\/p>\n

Loading…’Victim of fraud’<\/p>\n

Nelson’s lawyers had previously told the Tokyo High Court it was “inconceivable” someone of her character would knowingly agree to traffic drugs.<\/p>\n

“The defendant has, until now, devoted herself as a leader within the Aboriginal community to children suffering in families broken by poverty, alcohol, and drug use,” defence lawyer Rie Nishida submitted to the court.<\/p>\n

\"A<\/p>\n

The court was told someone of Nelson’s character would not agree to traffic drugs. (ABC News: Yoshitaka Enomoto)<\/p>\n

The defence also submitted new expert evidence from romance scam expert, Professor Monica Whitty, from Monash University.<\/p>\n

It outlined the high level of sophistication behind love scams, and the various techniques used to confuse, dupe, and groom victims.<\/p>\n

\"A<\/p>\n

Rie Nishida attempted to introduce new evidence to the court. (ABC News: Daishi Kusunoki)<\/p>\n

Ms Nishida’s submission concluded Nelson was a “blind mule” and could not have known the drugs were in the bag.<\/p>\n

“She is a victim of fraud,” it concluded.<\/p>\n

“The original judgement should be quashed.”<\/p>\n

New evidence rejected<\/p>\n

But on the first day of hearings, the Tokyo High Court rejected the evidence, delivering a powerful blow to the appeal.<\/a><\/p>\n

Kensho Masaki, the representative attorney-at-law at Your Ace Law Office in Tokyo, told the ABC the expert evidence should have been used in the initial trial, not the appeal.<\/p>\n

\"A<\/p>\n

Nelson is described as a devoted leader to her community. She is pictured here with her two daughters when they were children. (ABC News: Rebecca Trigger)<\/p>\n

Mr Masaki, who is not involved in Nelson’s case, said an appeal court would only accept new evidence if “unavoidable circumstances” could be proven.<\/p>\n

“The appeal would just look like a desperate last-ditch effort,” he said.<\/p>\n

“That’s important evidence, so it definitely would have been better to present it in the first trial.”<\/p>\n

But Ms Nishida defended her legal strategy, saying she was limited in how many witnesses she could use in the initial trial.<\/p>\n

“It was extremely difficult to introduce the expert opinion at the trial stage when the judges were so negative about getting multiple witnesses,” she told the ABC.<\/p>\n

“Even [for the] daughters, only Ashley was accepted.”<\/p>\n

Mr Masaki said the six-year sentence was “lenient” for Japan. The prosecution sought 10 years.<\/p>\n

In the initial trial, the judge agreed Nelson was a victim herself.<\/p>\n

\"A<\/p>\n

The judge agreed Nelson was a victim, too. (Supplied: Yoshitaka Enomoto)<\/p>\n

But they pointed out inconsistencies with her behaviour and the “strangeness” of her story.<\/p>\n

On arrival in Tokyo, Nelson did not declare she was carrying someone else’s bag, and told officials her reason for travel was “business”, the initial trial heard.<\/p>\n

Nelson’s lawyers argued their client considered the bag as her own, given it belonged to a man she intended to marry.<\/p>\n

The court also heard Nelson was embarrassed to declare her online relationship as the reason for her visit.<\/p>\n

Australia’s ambassador to Japan, Justin Hayhurst, acknowledged it was a “difficult day” for Ms Nelson and her family and offered his “sympathies”.<\/p>\n

“I can assure them and I can assure others that the Australian government will provide all necessary consular support,” he said.<\/p>\n

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