Perth grandmother Donna Nelson has lost her appeal to the Japan High Court against her drug smuggling conviction.
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.
Nelson claimed she was the innocent victim of a love scammer and duped into carrying the bag that contained the drugs hidden in the travel case lining.
But a Japanese court ruled Nelson was negligent, and that she must have had doubts about what she was doing.
Nelson had struck up an online romance with a man called “Kelly”, who claimed to have a fashion and travel case business in Japan.
Nelson sparked an online romance with a man known as “Kelly”. (Supplied)
The pair spoke for almost two years before he bought her tickets to Japan, with a three-day layover in Laos.
During this time, an associate of Kelly gave Nelson a travel bag, claiming it was a sample he needed for his business.
Nelson was arrested when arriving in Tokyo with the bag, which had methamphetamine inside.
Court strikes out appeal
On Thursday, the Tokyo High Court defended 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.
The love scammer who ruined Donna’s life
It described the request as “unnatural”, and said Nelson had the time and opportunity to consider the situation.
The court noted she had stated concerns about transporting other people’s bags just a month before her trip to Japan.
But Nelson’s lawyers maintained she searched the bag and only found clothing samples inside.
Donna Nelson mouthed “I love you” to her family as she walked into the courtroom, before she started to cry.
Her voice quivered as she introduced herself to the court.
‘Victim of fraud’
Nelson’s lawyers had previously told the Tokyo High Court it was “inconceivable” someone of her character would knowingly agree to traffic drugs.
“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.
The court was told someone of Nelson’s character would not agree to traffic drugs. (ABC News: Yoshitaka Enomoto)
The defence also submitted new expert evidence from romance scam expert, Professor Monica Whitty, from Monash University.
It outlined the high level of sophistication behind love scams, and the various techniques used to confuse, dupe, and groom victims.
Rie Nishida attempted to introduce new evidence to the court. (ABC News: Daishi Kusunoki)
Ms Nishida’s submission concluded Nelson was a “blind mule” and could not have known the drugs were in the bag.
“She is a victim of fraud,” it concluded.
“The original judgement should be quashed.”
New evidence rejected
But on the first day of hearings, the Tokyo High Court rejected the evidence, delivering a powerful blow to the appeal.
Kensho Masaki, a Tokyo attorney not involved in the Nelson case, told the ABC the expert evidence should have been used in the initial trial, not the appeal.
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)
He said an appeal court would only accept new evidence if “unavoidable circumstances” could be proven.
“The appeal would just look like a desperate last-ditch effort,” he said.
“That’s important evidence, so it definitely would have been better to present it in the first trial.”
In the initial trial, the judge agreed Nelson was a victim herself.
The judge agreed Nelson was a victim, too. (Supplied: Yoshitaka Enomoto)
But they pointed out inconsistencies with her behaviour and the “strangeness” of her story.
On arrival in Tokyo, Nelson did not declare she was carrying someone else’s bag, and told officials her reason for travel was “business”.
Mr Masaki said the six-year sentence was “lenient” for Japan. The prosecution sought 10 years.
Australia’s ambassador to Japan, Justin Hayhurst, acknowledged it was a “difficult day” for Ms Nelson and her family and offered his “sympathies”.
“I can assure them and I can assure others that the Australian government will provide all necessary consular support,” he said.
Nelson’s family will now decide whether to appeal or seek to have her sent to Australia as part of a prisoner swap deal.
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