Tokyo High Court denies appeal in case of Australian grandmother jailed for meth smuggling

A Tokyo High Court decision on Thursday denied an appeal by Donna Nelson, an Australian grandmother serving six years in Japan for allegedly smuggling two kilograms of methamphetamine into Narita International Airport in January 2023. The court held that Nelson was negligent in accepting luggage from a man she knew only as “Kelly,” who had spent years courting her as part of a romance that culminated in a planned trip to Japan via Laos.

Nelson’s family has maintained that she was the victim of a romance scam and did not knowingly participate in drug trafficking. The case hinges on a chain of interactions that began with Nelson meeting a man who presented himself as a legitimate business contact and lover. During Nelson’s layover in Laos, an associate of Kelly allegedly handed her a bag, telling her it was a sample needed for the man’s fashion and travel case business. Nelson traveled to Japan with the bag, later being arrested at Narita on charges of intent to import methamphetamine. Nelson reportedly told authorities that she believed she was traveling for business and did not realize the bag contained illegal drugs.

The Tokyo High Court found that Nelson should have had reasonable doubt about accepting an unfamiliar bag and that the request to carry it was strange and unnatural. The ruling, which follows an earlier judgment that gave Nelson a relatively lenient sentence due to perceived victim status, means the appeals court did not overturn the verdict or the punishment. The court cited evidence that Nelson did not disclose the bag to airport authorities and accepted the luggage without verifying its contents, actions the judges described as negligent given the circumstances.

Nelson’s defense argued that she searched the bag herself and found only clothing samples, not drugs, and that she would not intentionally engage in illegal activity. Her lawyers asserted that Nelson’s character and life history—she has been described as a community leader who works with children affected by poverty and family issues—made it inconceivable that she would knowingly smuggle drugs. The defense team also noted that Nelson had not previously displayed any criminal intent and had traveled widely in good faith.

The appeal also drew on new testimony from Monash University psychology professor Monica Whitty, a romance-scam expert who provided a report stating Nelson was a 'blind mule' manipulated by fraudsters and should be recognized as a victim of fraud. The report argued that love scams can coerce vulnerable individuals into participation in criminal activity without their informed consent. While the court heard this new evidence on the first day of the appeal, it ultimately rejected it as grounds to overturn the conviction. Legal observers noted that the late introduction of such expert testimony can complicate an appeal, and some suggested the evidence should have been raised during the original trial.

Kensho Masaki, a Tokyo attorney not involved in the Nelson case, commented that while the new evidence highlighted the intricate dynamics of romance scams, the appeal would still appear to be a difficult path for Nelson’s side to win. Masaki said that presenting the expert findings earlier could have influenced the trial record, but the appellate court was not obligated to reopen arguments on grounds not raised previously. The judge who presided at the initial trial had already acknowledged Nelson’s status as a victim, and that acknowledgment factored into a six-year sentence rather than a harsher penalty.

Nelson’s family attended the Tokyo High Court proceedings and have maintained their support for their mother, including fundraising efforts that emphasized a desire to bring her home to Australia. In statements to the press and supporters, the family said they would pursue further options, including a potential prison-swap arrangement that could allow Nelson to be transferred to an Australian facility. The fundraising page described Nelson as a mother who had “no knowledge” of the drug importation and who was “a victim of a crime and not a criminal,” while noting plans to appeal and continue the fight.

The courtroom moment was emotionally charged as Nelson mouthed “I love you” to her supporters and cried while introducing herself to the court. The outcome, consistent with the court’s reasoning about the line between being duped and knowingly participating in illegal activity, underscores the challenging questions posed by romance scams and cross-border drug schemes. Nelson’s family says they remain committed to pursuing further legal avenues, including potential transfer or repatriation arrangements, even as the High Court’s ruling stands.

Experts say the case highlights broader vulnerabilities among older adults exposed to sophisticated love scams, where fraudsters build trust and manipulate real-world travel plans to facilitate illegal activity. In Japan, drug laws are among the strictest in the region, and penalties for trafficking are severe, even when defendants claim they were exploited by others. The decision comes amid ongoing scrutiny of how best to protect vulnerable populations from romance scams while ensuring due process for those accused of criminal conduct.

The family’s ongoing efforts to seek justice in this case reflect a broader cross-border conversation about crime, accountability, and how different legal systems handle victims who become inadvertently entangled in drug networks. While Nelson’s appeal was rejected, her supporters say they will continue to advocate for accountability and for the possibility of repatriation or alternative arrangements that might allow her to return home after serving her sentence in Japan.