Donna Nelson launches appeal against Japan drug conviction using romance scam expert
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.
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."
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.
"The criminals used sophisticated techniques to manipulate her, ensuring she was unaware of their plans to exploit her in this way.
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'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.
The submitted evidence demonstrates the many techniques love scammers use to confuse their victims and cloud their judgement.
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.
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'."
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.
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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