Defense: Witness is fake

CEBU, Philippines - The defense and prosecution in the murder case of assistant city prosecutor Patrick Ian Osorio in 2009 had differing opinions regarding the testimony of a prosecution witness yesterday.

While defense counsel Daryl Amante said the testimony of Sergio Abala Jr. was inconsistent and fabricated, prosecutor Danilo Yap said there were no inconsistencies as to his statements.

“It was very clear that he is not an eyewitness because you cannot just stare at the wounded victim without the initiative of helping,” Amante said.

He added some of Abala’s testimonies were different from the affidavits he executed.

However, Yap said nothing was amiss.

“The witness is consistent in identifying the assailants…well that’s the idea of the defense that there was inconsistency,” Yap said.

During his cross-examination yesterday, Abala testified that he witnessed the shooting of Osorio last January 6, 2009 at 4:25 p.m. while he was on his way to a volleyball court between C. Padilla St. and N. Bacalso Ave.

He said he saw two persons onboard a motorcycle driven by Allan Sinogat stop at the side of a Toyota Revo where Osorio was on board along Ma. Gochan St., Barangay Mambaling, Cebu City.

“I saw the back rider (Lyndon Horandoy) disembark from the motorcycle and shoot the victim twice,” Abala said.

He added when the wounded victim disembarked from his vehicle he did not extend his help.

“My focus was on the assailants and not the victim,” Abala said.

After the shooting incident, Abala said he and other people nearby approached the victim but only look at him.

“I don’t know who he was, I only learned his name in a newspaper two days after the incident,” he said.

Horandoy and Allan Sinogat kept on smiling all throughout the testimony of Abala yesterday.

Sinogat said in an interview that he was smiling because the testimony of the witness was not true. (FREEMAN)