{"id":19010,"date":"2025-07-24T17:12:17","date_gmt":"2025-07-24T17:12:17","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/19010\/"},"modified":"2025-07-24T17:12:17","modified_gmt":"2025-07-24T17:12:17","slug":"japan-court-rejects-evidence-from-romance-scam-expert-in-donna-nelsons-appeal","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/19010\/","title":{"rendered":"Japan court rejects evidence from romance scam expert in Donna Nelson’s appeal"},"content":{"rendered":"

The Tokyo High Court has rejected expert evidence defence lawyers hoped would overturn drug trafficking charges against a Perth grandmother.<\/p>\n

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.<\/p>\n

She claims she was the innocent victim of a love scam, but the Chiba District Court ruled she ignored too many red flags.<\/p>\n

\"A<\/p>\n

The court rejected some of the evidence presented during Nelson’s appeal of her six-year jail term. (Supplied)<\/p>\n

Defence lawyers hoped expert evidence outlining the sophistication of romance scams, presented to the Tokyo High Court on Thursday, could overturn the verdict.<\/p>\n

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.<\/p>\n

Jailed Perth grandmother’s bid for appeal in Japan court<\/a><\/p>\n

A Japanese court decides this week whether it will re-examine the case of an Australian woman convicted of smuggling drugs into Japan.\u00a0<\/p>\n

But on appeal, the court on Thursday struck it down.<\/p>\n

Online romance<\/p>\n

Nelson had travelled to Japan to meet a man she had been in an online romance with for two years.<\/p>\n

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.<\/p>\n

Nelson checked the bag, but upon arrival at Narita Airport, luggage scanners found the drugs hidden in the suitcase lining.<\/p>\n

Nelson’s daughters had hoped the appeal would have brought their mum home, after a taxing two-and-a-half years.<\/p>\n

“It’s kind of just like survival mode,” daughter Ashlee Charles told the ABC.<\/p>\n

“You’re not really given any other choice but to cope.”<\/p>\n

\"Ashlee<\/p>\n

Donna Nelson’s daughter Ashlee Charles says she’s been in “survival mode” since her mother’s conviction. (ABC News: Lauren Smith)<\/p>\n

In finding her guilty, the Chiba District Court did not rule that Nelson knew she was smuggling drugs.<\/p>\n

Rather, it determined the story of Kelly should have raised enough suspicions<\/a> for Nelson to refuse to carry the bag.<\/p>\n

In their appeal, lawyers for Nelson had argued this was ‘hindsight bias’ and submitted evidence from Monash University romance scam expert Monica Whitty.<\/p>\n

“Ms Donna Rose Nelson was a blind mule,” the submitted evidence said.<\/p>\n

\"Ashlee<\/p>\n

Romance scam expert Dr Monica Whitty’s evidence forms the crux of Donna Nelson’s appeal. (ABC News: Lauren Smith)<\/p>\n

“The criminals used sophisticated techniques to manipulate her, ensuring she was unaware of their plans to exploit her in this way.<\/p>\n

“I do not doubt that Ms Nelson was manipulated in this manner and that she was not aware of any involvement in drug trafficking.”<\/p>\n

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.<\/p>\n

“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.<\/p>\n

\"Ms<\/p>\n

Ms Nishida hopes the High Court will understand the defence’s argument. (ABC News)<\/p>\n

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.<\/p>\n

Also speaking outside court, Nelson’s daughter Kristal Hilaire said she was “disheartened” by the day’s outcome.<\/p>\n

\"Kristal<\/p>\n

Ms Hilaire travelled to Japan for her mother’s court appearance. (ABC News: James Oaten)<\/p>\n

“The fight doesn’t end, we have to get her home, there’s no other way around it,” she said.<\/p>\n

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.<\/p>\n

“We’ve had a conversation with our foreign minister, Penny Wong,” Ms Charles said.<\/p>\n

“She’s reassured us that that would be something that she can help with.”<\/p>\n

The High Court will announce its judgement on September 25.<\/p>\n

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