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Gabriel Susayan

Gabriel Susayan & Partners Gabriel Susayan and Partners Called to the Bar in 2000 4 appearances

About Gabriel Susayan

Gabriel Susayan appears as counsel of record in 4 reported Malaysia judgments (2025). These were heard before MYCOA (4).

On the court record

Gabriel Susayan's reported practice is in criminal appellate defence, appearing in the Court of Appeal for accused persons as the appellant in the most serious categories of offence. The judgments are largely in Bahasa Malaysia.

One matter is a murder appeal under "Seksyen 302 Kanun Keseksaan" (section 302 of the Penal Code). The appeal turned on whether there was a doubt that the appellant had inflicted the fatal wounds with an intention to cause bodily injury sufficient to cause death, on the credibility and reliability of a key prosecution witness — including whether that witness was an accomplice or a joint participant in the offence — and on a defence of intoxication ("pembelaan mabuk keterlaluan").

A group of related appeals concerns drug trafficking under "seksyen 39B(1)(a) Akta Dadah Berbahaya 1952" (section 39B(1)(a) of the Dangerous Drugs Act 1952). Argued together, they engage the proof of possession, custody, control and knowledge of the drugs — where the drugs were found following the appellant's own indication and the key to the premises was in his pocket — and whether the chain of evidence had been broken, given a delay by the police in sending the drugs to the Chemistry Department for analysis, together with the statutory presumption.

On this record the practice is focused, appellate criminal defence in the Court of Appeal, in murder and drug-trafficking matters. The recurring task is to test the strength of the prosecution's case at the point where it matters most — the reliability of a critical witness, the integrity of the chain of evidence, and the proof of the mental and physical elements that turn a serious charge into a conviction — on behalf of accused persons seeking to overturn conviction or sentence. It is defence work at the most serious end of the criminal law, where the difference between conviction and acquittal often lies in the reliability of a single witness or the integrity of the exhibits.

4
Appearances
2000
Year of Call
2
Firms
No
Senior Counsel

How many cases has Gabriel Susayan appeared in?

Gabriel Susayan appears as counsel of record in 4 reported Malaysia judgments (2025).

Which courts does Gabriel Susayan appear in?

Gabriel Susayan appears before MYCOA (4).

What does Gabriel Susayan focus on in these decisions?

Criminal appellate defence in the Court of Appeal, acting for accused persons as the appellant in the most serious offences — a murder appeal under "Seksyen 302 Kanun Keseksaan" (section 302 of the Penal Code) and a group of drug-trafficking appeals under "seksyen 39B(1)(a) Akta Dadah Berbahaya 1952" (section 39B(1)(a) of the Dangerous Drugs Act 1952).

What did the murder appeal turn on?

Whether there was a doubt that the appellant had inflicted the fatal wounds with an intention to cause bodily injury sufficient to cause death, the credibility and reliability of a key prosecution witness — including whether that witness was an accomplice or a joint participant — and a defence of intoxication ("pembelaan mabuk keterlaluan").

What issues arose in the drug-trafficking appeals?

The proof of possession, custody, control and knowledge of the drugs — where the drugs were found following the appellant's own indication and the key to the premises was in his pocket — whether the chain of evidence had been broken given a delay in sending the drugs to the Chemistry Department for analysis, and the effect of the statutory presumption. They were argued together as a group.

Practice Areas (from case appearances)

Counsel Appellant (4)