Fiscal Osorio's "killer"pleads not guilty

CEBU, Philippines - Not guilty.

This was the plea of Lyndon Horandoy, one of those accused of killing Assistant City Prosecutor Patrick Osorio upon arraignment yesterday.

Horandoy was assisted by his lawyer, Daryll Amante, who asked the court to quash the information filed against his client.

Amante told Judge Silvestre Maamo of Regional Trial Court Branch 17 that it is his client’s right to undergo preliminary investigation so that he may be given an opportunity to answer the allegations filed against him.

“It is the right of the accused to file his controverting evidence. It was remembered that the case was filed in court without Horandoy’s answer. In fact the rule of preliminary investigation is required under the law (Rules of Court). Horandoy was illegally arrested,” Amante told The FREEMAN.

He likewise cited the participation of City Prosecutor Nicolas Sellon as one ground for the quashal of the information.

“Regional State Prosecutor Fernando Gubalane issued a memorandum directing City Prosecutor Nicolas Sellon to inhibit himself from handling the case to avoid any biases,” he said.

He added it was Prosecutor Graeme Elmido who was instructed by Gubalane to file the information against Horandoy and his co-accused Allan Sinogat.

It was Elmido who did the preliminary investigation of the murder case.

Maamo, however, directed Amante to file his formal pleading which the lawyer said he will submit next week.

It was Horandoy’s fifth scheduled arraignment after the first four schedules were reset because of the non-availability of counsel to represent him in court.

Amante only entered his appearance as counsel last month.

 Horandoy was arrested in the mountains of Barangay Guba, Cebu City last August by virtue of the warrant of arrest issued by Maamo. (FREEMAN)