An accused's knowledge of drug possession can be inferred from conduct; distinct recoveries do not necessitate separate charges if linked.

Introduction

[1] The appellant was charged with trafficking in dangerous drugs, to wit 456.2 grams of Methamphetamine, an offence punishable under s 39B(2) of the Dangerous Drugs Act 1952 ( DDA ). The offence was said to have been committed on 01 March 2012 at around 01.00 p.m., at Bangunan Terminal Utama KLIA Aras 3, Terminal Utama Lapangan Terbang Antarabangsa Kuala Lumpur, Selangor (KLIA).

[2] At the end of the prosecution's case, the learned trial judge ruled that the prosecution had failed to make out a prima facie case against the appellant. The appellant was acquitted and discharged without his defence being called.

[3] The prosecution appealed to the Court of Appeal on the order of acquittal and discharge of the appellant. The Court of Appeal had allowed the prosecution's appeal and directed the appellant to enter his defence on the charge.

[4] At the conclusion of the trial, the appellant was found guilty, convicted and sentenced to death by the learned High Court Judge.

[5] Aggrieved with the conviction and sentence, the appellant appealed to this Court. We heard the appeal on 18 January 2018 and after hearing the parties, we unanimously dismissed the appellant's appeal. We now furnish our reasons.

The prosecution evidence

[6] The prosecution's case disclosed the following facts. On 1 March 2012 at about 9.00 a.m., an immigration officer Yun Fatimah binti Hassan (SP5) who was on duty at the Operation Office MTB KLIA denied entry into Malaysia to the appellant, a Gambia citizen, upon discovering that the China and India visa in the appellant's passport PC 304462 (P10) was faked. The appellant was brought to the holding lounge of the KLIA for deportation back to Bangkok. An arrangement was made for the appellant to be deported on the same day on Thai Airways at about 12.30 p.m.

[7] While waiting for the deportation, at about 12.30 p.m. the appellant requested from the immigration officer in-charge of the holding lounge Noor Azizan bin Adnan (SP4) to take a bath at the holding lounge's washroom. After about 10 minutes, SP4 went to the washroom and saw the appellant come out from one of the toilet cubicle. When the appellant saw SP4, the appellant showed him capsules which were placed on tissue holder of the toilet cubicle in the washroom. SP4 suspected that the capsules contained drugs. SP4 immediately informed his superior and the customs office of the KLIA. Two customs officers, Johnson Pedro Ateg together with Muhamad Hasrul bin Mohd Fauzi (SP7) arrived at the holding lounge and met the appellant. The washroom was cordoned. SP7 entered the washroom and found 13 capsules. No one was in the washroom at that time except the appellant. The appellant was detained and brought to Cawangan Pemeriksaan Penumpang 1 (CPP1) of the KLIA. There, SP7 scanned the appellant's stomach. It revealed a suspicious image. The appellant was arrested and taken to Pejabat Narkotik Kastam KLIA. The appellant and the 13 capsules were then handed over by SP7 to the investigating officer, Omar bin Hamzah (SP10).

[8] SP10 took custody of the appellant and the 13 capsules (P14). Later at about 5.00 p.m., SP10 brought the appellant to Serdang Hospital. An X- ray was conducted by Nor Laily bin Mohd Nor (SP3) on the appellant. Image of the x-ray showed some foreign bodies in the large intestine of the appellant (P9A & P9B). The appellant was then placed in Ward 6C Room No. 28 of the hospital for further examination. At the hospital, the appellant passed out a total of 41 capsules from his anus. SP10 took custody all the capsules. On 6 March 2012, the appellant was discharged from Serdang Hospi