A Japanese court will this week decide whether to re-examine the case of Donna Nelson, an Aboriginal woman from Perth who was convicted of smuggling nearly two kilograms of methamphetamine into Japan.
Ms Nelson, a long-time health advocate and former chair of the Derbarl Yerrigan Health Service, was sentenced to six years in prison in December. She has consistently maintained her innocence, claiming she was duped by an online romantic partner.
The 57-year-old said she picked up the suitcase — which was later found to contain methamphetamine — at the request of a man known as Kelly, who told her it contained samples for his fashion business in Laos.
On Thursday, the Japanese court will consider an appeal application, including new expert evidence on romance scams.
"When you talk to the experts, they can talk about the victimology side of it, the psychology, and how they're groomed," Ms Nelson's daughter, Ashlee Charles, told the ABC.
"I know that my mum is innocent because of the way she raised us. She's always been firmly against drug use and the effects of drug use, especially on young people and the Aboriginal community. The effects of substance abuse on our community is huge."
Ms Nelson was arrested at Narita Airport in January 2023. The court found she had ignored red flags, including the odd nature of the request and inconsistencies in her travel plans.
Judge Masakazu Kamakura ruled she failed to check the contents of the luggage and did not declare it as belonging to someone else. The prosecution also challenged her credibility, pointing to her stated reason for visiting Japan — "business" — which Ms Nelson later said she gave out of embarrassment, not wanting to admit she was visiting an online partner.
Her sentence includes the 430 days already spent in custody before the verdict. Japan's legal system — which has a conviction rate of over 99 per cent — limits public court hearings, and Ms Nelson was only able to communicate externally through her legal team.
WA Premier Roger Cook previously described the verdict as a "kick in the guts" and expressed hope her appeal would succeed.
