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World News
26 September 2025

Australian Grandmother Loses Appeal In Tokyo Drug Case

Donna Nelson’s family faces tough choices after Japanese court upholds her six-year sentence for drug smuggling, rejecting claims she was duped by a romance scam.

On September 25, 2025, the Tokyo High Court handed down a decision that reverberated from Japan to Australia: Donna Nelson, a 59-year-old grandmother from Perth, lost her final appeal against a conviction for drug smuggling, cementing her six-year prison sentence and a hefty fine. Nelson’s case, which has gripped both nations, is a tangled tale of online romance, alleged deception, and the unforgiving rigor of Japan’s legal system.

Nelson’s ordeal began on January 3, 2023, when she was arrested at Narita International Airport near Tokyo. Japanese customs officers discovered roughly two kilograms (4.4 pounds) of methamphetamine hidden in the false bottom of a suitcase she was carrying as checked luggage. According to ABC News and the Associated Press, Nelson claimed she had no idea the drugs were there. She said she was duped by a man named Kelly, whom she met online in 2020 and hoped to marry. Kelly, presenting himself as a Nigerian fashion business owner, allegedly paid for Nelson’s trip to Japan via Laos in 2023. He instructed her to collect dress samples from an acquaintance in Laos and bring them to Japan, promising to meet her there—a meeting that never happened.

Despite these claims, the Tokyo High Court was not convinced. Presiding Judge Takeshi Irie dismissed the defense’s argument that Nelson was an innocent victim of a romance scam, stating that she had the time and capacity to recognize that something was amiss with Kelly’s request. The court described the arrangement as "unnatural" and noted that Nelson herself had expressed concerns about transporting other people’s bags just a month before her trip. In the judge’s view, Nelson’s actions displayed negligence, and her defense’s request for acquittal was denied.

The original sentence, handed down by the Chiba District Court in December 2024, was upheld: six years in prison and a fine of 1 million yen (about $6,725). The court’s stance was clear—regardless of Nelson’s personal circumstances or her claims of being deceived, she bore responsibility for her actions. She now has 14 days from the verdict to decide whether to make a final appeal to Japan’s Supreme Court.

Nelson’s defense team, led by lawyer Rie Nishida, argued passionately for her innocence, painting a picture of a woman of upstanding character who had devoted her life to helping others. "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," Nishida submitted to the court, as reported by ABC News. The defense further attempted to introduce new evidence from Professor Monica Whitty, a romance scam expert from Monash University, to illustrate the sophisticated techniques used by scammers to manipulate victims like Nelson. The submission concluded, "She is a victim of fraud. The original judgement should be quashed."

However, the court rejected this new evidence, stating it should have been presented during the initial trial, not at the appeal stage. According to Kensho Masaki, a Tokyo attorney not involved in the case, "An appeal court would only accept new evidence if unavoidable circumstances could be proven." He added that the attempt to introduce the expert opinion at this stage "would just look like a desperate last-ditch effort." Nishida countered that she was limited in the number of witnesses she could call during the first trial, which made it "extremely difficult to introduce the expert opinion at the trial stage when the judges were so negative about getting multiple witnesses."

Throughout the proceedings, Nelson’s family stood by her side. Three of her daughters, including Kristal Hilaire, and several grandchildren traveled to Tokyo for the appeal hearing. The emotional toll was evident. "I think the younger ones, like her grandson, are pretty devastated and I'm in a state of numbness, because I'm the oldest and have to be there for the others," Hilaire told ABC News. She described the exhausting process of fighting for her mother’s freedom, adding, "It’s very tiring to keep fighting this fight and I just thought we all would be able to rest and be going home with her."

Nelson herself, dressed in a dark blue suit, listened quietly to the verdict, at times shaking her head. As she entered the courtroom, she mouthed "I love you" to her family before breaking down in tears. Her daughter later remarked, “I felt it was wrong ... At times I didn’t really want to hear it.” The family now faces a difficult decision: whether to pursue a final appeal or seek Nelson’s transfer to Australia under a prisoner exchange agreement. Hilaire said she planned to visit her mother in prison to discuss the options.

From the outset, the prosecution’s case rested on the argument that Nelson was negligent and had ample opportunity to question the legitimacy of Kelly’s request. The court pointed to inconsistencies in her behavior, noting that upon arrival in Tokyo, Nelson did not declare she was carrying someone else’s bag and told officials her reason for travel was "business." Nelson’s lawyers countered that she considered the bag her own, given her intention to marry Kelly, and argued that she was embarrassed to reveal the true nature of her online relationship to authorities.

The sentence, while severe by Australian standards, was described by attorney Masaki as "lenient" for Japan, where the prosecution had sought a 10-year term. The initial trial judge even acknowledged that Nelson was a victim herself, but ultimately found her story too inconsistent and the circumstances too suspicious to warrant acquittal.

Australia’s ambassador to Japan, Justin Hayhurst, acknowledged the family’s pain, stating, "I can assure them and I can assure others that the Australian government will provide all necessary consular support." The Nelson family is now considering a prisoner swap, which could see Donna serve the remainder of her sentence in Australia, closer to her loved ones.

The case has shone a spotlight on the risks faced by individuals caught up in international romance scams, as well as the uncompromising nature of Japan’s justice system in drug-related offenses. For Nelson and her family, the fight is not yet over, but the road ahead is uncertain and fraught with emotional and legal challenges.

With the Tokyo High Court’s ruling, Donna Nelson’s fate now hinges on whether she will take her case to Japan’s Supreme Court or seek solace in a transfer home. Either way, her story serves as a sobering reminder of how a leap of faith in love can sometimes lead to a devastating fall.