Artifacts case heats up, fines and jail time possible


Advertiser reports this morning that Hui Malama will submit more information to the court today regarding the Kawaihae cave artifacts, but "will not disclose the exact location of 83 priceless cultural items buried in two caves on the Big Island, despite a court order." Judge Ezra made two concessions to the organization: that its members not be ordered to actively participate in the removal of the artifacts, and that the exact location be kept under a court seal. But without full cooperation, he "said he was prepared to find Hui Malama officials in contempt, which could lead to fines and, in extreme cases, jail time." I just spoke last night with a member of Hui Malama who has been involved in this case, and he said they are very frustrated by the inability of the court to understand and fairly adjudicate what are very sensitive cultural issues, and said they are prepared to go to jail in order to stand up for their cultural practices (and not be a party to the removal of the objects). Ezra also criticized the Department of Hawaiian Homelands "for failing to disclose to the court that the agency has known where on state lands" the 83 artifacts are buried.

Update: Star-Bulletin also has a story which provides more background, and also concludes with this exchange:
Also yesterday, Ezra admonished Murakami for statements he and his clients made publicly about the court.

During a news conference last week, the Star-Bulletin reported that the po'o or director of Hui Malama, Edward Halealoha Ayau, said, "We are in a Western court of law trying to explain to Western-trained judges and lawyers our deeply felt cultural values. We are in an inappropriate forum."

Ezra reprimanded Murakami for statements referring to "Western-trained judges, as if some of those, myself included, have no understanding or appreciation" of Hawaiian laws and traditions.

Glaring at Murakami, Ezra said, "I trust your comment wasn't racial. But if you were saying that Caucasian judges cannot understand Hawaiian laws, then I think your comments border on sanctionable."

Ezra also admonished Murakami for other public Hui Malama statements characterizing the dispute as one between "Hawaiians and the federal court."

Doug White at Poinography.com also examines these articles with an overview of the issue and his observations.


Posted: Wed - December 21, 2005 at 07:45 AM    
   
 
Categories
XML/RSS Feed
Search
World Court Case DVD
Larsen Case on DVD
Larsen DVD
Larsen v. Hawaiian Kingdom at the
Permanent Court of Arbitration
The Hague, 2001
DVD Mini-Documentary & Booklet
Order your copy
FREE HAWAII STICKERS
Free Hawaii
Over at the Free Hawaii blog, Koani Foundation is giving away "Free Hawaii" stickers and pins, and will post photos of them displayed in interesting places. Spread them far and wide!
HAWAII DOCUMENTS
HAWAII LINKS
HAWAII BLOGROLL
HAWAII FORUMS
HAWAII PODCASTING
PROGRESSIVE BLOGROLL
TV Worth Watching
The Daily Show with Jon Stewart
The Colbert Report
NOW with David Brancaccio
Foreign Exchange with Fareed Zakaria
Countdown with Keith Olbermann
Russell Simmons presents Def Poetry
Real Time with Bill Maher
Washington Journal on C-Span
PBN Friday with Howard Dicus
Portfolio
Archives
Sun Mon Tue Wed Thu Fri Sat
Browse archives by date
CURRENT IMAGE
Support Organ Donation
DONATE LIFE
Comments powered by
Weblog Commenting by HaloScan.com
TECHNORATI
SUPPORT THIS BLOG
If you find this weblog valuable, please consider making a secure donation via PayPal to support its ongoing maintenance:

Mahalo!
Or contact me about sponsoring this blog in exchange for space in the Sponsored Links area above.
Statistics
Total entries in this blog:
Total entries in this category:
Published On: Dec 27, 2005 10:17 PM
Powered by
iBlog


©