Lawyers for Perth grandmother Donna Nelson, who is serving six years in jail in Japan for smuggling methamphetamine, are hoping new expert evidence will prove she could not have known she was smuggling drugs.
Nelson, 58, alleged a love scammer tricked her into carrying a bag with two kilograms of the drug hidden inside, after she was caught at Tokyo’s Narita Airport in January 2023.
An appeal will begin today at the Tokyo High Court.
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.
Daughters’ hope
Nelson’s daughters are hoping an appeal will bring 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 China 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 carrying the bag.
Lawyers for Nelson argue this is ‘hindsight bias’ and have submitted evidence from Monash University romance scam expert Monica Whitty.
“Ms Donna Rose Nelson was a blind mule,” the submitted evidence says.
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.
“I do not doubt that Ms Nelson was manipulated in this manner and that she was not aware of any involvement in drug trafficking.“
Romance scam traits
In the submitted evidence, Professor Whitty points out numerous cases where romance scam victims have been duped into carrying drugs.
It argues love scam victims are often at a low point of their lives, such as after divorce, being widowed, or in a loveless marriage.
‘Kelly spent two years grooming Nelson and convincing her he had a successful fashion business in Japan.
Donna Nelson’s family believe the West Australian grandmother was duped or forced into carrying drugs into Japan by a complex romance scam. (Supplied: Family)
“Donna’s profile matched the typical profile of a romance scam victim,” Professor Whitty argues.
“She was lonely and at a vulnerable moment in her life, but she was prepared to find the ‘ideal’ relationship.
“She appears to see the best in others, making her more vulnerable to this scam.“
The submitted evidence demonstrates the many techniques love scammers use to confuse their victims and cloud their judgement.
An ‘urgent’ trip
This includes injecting a sense of urgency, where something must be done quickly or the opportunity will pass.
Nelson’s trip to Japan was only organised a few days before her flight after multiple efforts to meet up had fallen through.
When she was in Laos, an associate of Kelly delivered the bag just as she left the hotel for the airport.
Donna Nelson with two of her five daughters in happeir times. (ABC News: Rebecca Trigger)
This sudden change of plans is known as the “discombobulation stage”, Dr Whitty argues.
Inside the bag were clothing samples.
Defence lawyer Nishie Rie told the ABC this further assured Nelson that nothing was amiss.
“That was another way of distracting her from the true problem,” she said.
“If you just get the suitcase empty, maybe she weighs it and maybe she’d check it even more. But her attention was towards the clothing and she thought, ‘oh there’s only clothing and that’s it’.”
Sense of optimism
Nelson is optimistic the appeal will succeed, her daughters said.
“She’s really positive, in my opinion,” Ms Charles said.
“It’s scarily positive. She is feeling really optimistic where she says, ‘I won’t respond to your letter because I hope to tell you in person’.”
Sister Kristal Hilaire is in Tokyo for the appeal, while the rest of the family are in Perth.
“I don’t know why, but I don’t really feel stressed out,” she said.
“I think seeing mum, she’s really hopeful and really upbeat.“
Ashlee Charles says the family have discussed the possibility of a prisoner transfer with Foreign Minister Penny Wong. (ABC News: Lauren Smith)
The family are 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 first hearing at the Tokyo High Court is expected to be brief, with a verdict to be set on another date.
“There’s so much evidence that speaks to my mum being someone who didn’t do this knowingly, especially,” Mrs Charles said.
“It would be really unjust for her to have a negative result.”
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