The scheduled arraignment Wednesday of those accused in the February 2006 Ultra stampede in Pasig City did not push through after lawyers of the defense panel submitted before the Pasig City Regional Trial Court Branch 261 an Omnibus Motion to quash or dismiss the case against them.

The motion, which was filed by the lawyers for the accused Marilou Almaden, executive producer of ABS-CBN Broadcasting Network; Cipriano “Rene” Luspo, assistant vice-president and head of security of ABS-CBN; Morly Stewart Nueva, executive producer and manager of “Wowowee”; Harold James Nueva, associate producer for sets and technical of “Wowowee”; Norbert Vidanes, director of “Wowowee”; Francisco B. Rivera, location manager of ABS-CBN; Mel Feliciano, assistant director of “Wowowee”; and Jean Owen Ercia, floor director of “Wowowee”, was meant to ask the Court to respectfully move for the dismissal of the case or the quashal of the Amended Information against the accused.

In a 16-page Omnibus Motion, the counsel of the accused argued that “the right of the accused to a speedy disposition of the case has been violated because of the inordinate delay on the part of the prosecution.”

They also argued that “the right of the accused to equal protection, due process and an impartial trial has been violated due to the selective prosecution in this case.”

Manila Bulletin tried to seek comment from the defense lawyers led by Atty. Vincent Patrick A. Bayhon with regards to the filed Omnibus Motion but he refused to comment on the matter.

The accused, it was recalled, are facing violation of Article 365 in relation to Article 249, 263, 265 and 266 (Reckless Imprudence Resulting in Multiple Homicide and Multiple Physical Injuries) in relation to the death of 71 people and the injury of 392 others last February 4, 2006 as a result of the stampede that occurred outside the ULTRA (now known as the Philsports Arena) in Ortigas Avenue, Pasig City.

Reports earlier said that before the stampede occurred, some 30, 000 people have reportedly gathered outside the stadium waiting to participate in the first anniversary special of the popular television variety noontime show “Wowowee” which was then hosted by popular comedian Wilfredo “Willy” B. Revillame.

The Court, headed by its acting presiding judge Honorable Judge Leili C. Suarez has given the prosecution panel headed by Atty. Redan Acal 10 days to comment on the motion.

Because of the pending omnibus motion, the arraignment of the accused was also deferred until the pending motion has been resolved.

Aside from the eight accused, also included in the case were Rey Cayabyab, assistant location manager/security coordinator; Rosenar O. Viloria, staff director for operations of Goldlink Security and Allied Services; Wilfron Onanad and Chito Payumo, both security-in-charge of Goldlink Security and Allied Services, Inc.

Among those who were charge, only Almaden and Vidanes (who was reportedly sick), failed to show up in the court proceedings.

Meanwhile, Beth Amatosa, a representative from the Volunteers Against Crime and Corruption (VACC) and who was part of the crowd that got injured as a result of the stampede,  expressed dismay that the scheduled arraignment of the accused did not push through.

She added that some 38 relatives of the victims who showed up outside the hearings have called for a speedy resolution to the case.