EBU, Philippines - Judge Silvestre Maamo of Regional Trial Court Branch 17 has deferred the arraignment of the alleged gunman of the late Cebu Assistant Prosecutor Patrick Osorio.
Maamo decided not to continue with the arraignment yesterday after the lawyer of Lyndon Horandoy did not appear in court. Horandoy said his lawyer, Jonathan Calabo, was in Danao City.
Maamo then decided to move the arraignment to September 19 at 2pm.
Horandoy, 28, a native of Maghaway, Talisay City will have to remain at the Cebu City Jail. He is facing murder charges.
Earlier, Horandoy reportedly released a statement that he killed Osorio but later retracted his testimony.
In his affidavit, he stated that it was Allan Senogat, his co-accused in the case, who allegedly ordered him to shoot Osorio on January 6, 2009. The prosecutor’s vehicle was at the corner of Maria Gochan Street and N. Bacalso Avenue in Barangay Mambaling at that time.
However, without assistance of a lawyer, Horandoy later issued an extra-judicial confession saying he was actually the driver of the motorcycle and it was Senogat who actually shot Osorio.
City Intelligence Branch Chief Romeo Santader claimed Horandoy did not retract his statement and was, in fact, “cooperative”. He said evidence gathered during investigation would reveal that the killing was work related.
Horandoy was arrested last month in the mountain barangay of Guba, Cebu City at a parlor where he was working as a barber.
Santander headed the arrest by virtue of warrant issued by Maamo.
Senogat, the alleged driver of the motorcycle ridden by Horandoy, was arrested last 2009.
The two accused were identified by a seaman who was standing at the bakeshop near the place where Osorio was killed. - (THE FREEMAN)