Donna Nelson, a 58-year-old grandmother from Perth, has been found guilty of smuggling 2kg of methamphetamine into Japan. The drugs were found concealed beneath a false bottom in a suitcase that was in her possession when she arrived at Narita airport from Laos in January 2023. She has been sentenced to six years in prison.
Donna’s defence claimed she had fallen victim to a “romance scam” – wooed online, two years earlier, by a man who she knew as ‘Kelly’, and who led her to believe he was the Nigerian owner of a fashion business. Donna told her lawyers that he had also indicated that he loved and intended to marry her.
The prosecutors admitted Donna was a victim too
Kelly allegedly paid for Donna’s ticket to Japan and tricked her into collecting a suitcase from an acquaintance of his when she stopped over in Laos. Donna said she believed the case contained a fashion sample.
Even the prosecutors admitted that Donna had fallen victim to a romance scam. However, they insisted there were obvious red flags, and that she should have known something was awry. She should, at the very least, they told the court, have declared that the suitcase she was carrying was not her own.
“If I had known or even suspected illegal drugs were in the suitcase, I would have never agreed to carry it.”
Donna Nelson
Donna insisted she had no knowledge of the contraband hidden in the suitcase. And her lawyers suggested that the fact she did not speak Japanese, and the customs staff spoke poor English, may have led to misunderstandings when she was initially questioned at the airport.
“If I had known or even suspected illegal drugs were in the suitcase, I would have never agreed to carry it,” she told the court.
In summing up, Judge Masakazu Kamakura also conceded that Donna had fallen victim to a romance scam, saying: “The defendant committed the crime because she was deceived by Kelly and she had hopes of marriage.”
Donna’s daughters defend their mum
Donna’s daughters, who travelled to Japan for the trial, continue to protest their mother’s innocence.
“She thought she was coming to Japan for her love story,” one of her daughters, Kristal Hilaire, said in court. “She didn’t have any other intentions other than that. And that’s what we need everyone to know and hear at the court this week.” Kristal added that her mother was “a good person”.
Who is Donna Nelson?
Donna is a respected Aboriginal community leader in Western Australia and formerly chaired the Derbarl Yerrigan Health Service in Perth.
Following the verdict, Donna’s family released a statement saying they were devastated by the outcome. Her daughters pledged not to give up their efforts for their mother’s release. “We will never stop fighting for our mum … We will keep fighting until we can bring her home. “Family is everything to mum, and she has been apart from us for too long.”
The National Justice Project has taken up Donna’s case, and high-profile human rights lawyer Jennifer Robinson will continue to be involved.
The 430 days Donna has already served will be deducted from her sentence. And her legal team has indicated they will appeal.
Donna released a statement through her lawyers which said: “I am extremely disappointed with the trial outcome. We presented the facts accurately, truthfully, and the prosecution failed to argue beyond a reasonable doubt their side of the argument. The tears I shed in the courtroom today were not for myself. It was for my daughters, my grandchildren, and my family, who are waiting for me back home; who have been made to grieve all over again. I would like to thank my family, the government of Australia, and my legal team. I will never stop fighting for my freedom and for truth.” Donna Rose Nelson