Hui Malama leader jailed at 'challenging' hearing

The Advertiser story and Star-Bulletin story on the hearing yesterday, when Judge Ezra took Edward Halealoha Ayau into custody and also found Hui Malama's directors in contempt. From the S-B:

Yesterday's proceeding, which was attended by more than 100 Hui Malama supporters and about 20 plainclothes marshals, erupted into shouting, chanting and raised fists when it was clear that Ayau and Hui Malama were losing.

Kihei Nahaleo from the Big Island was chanting and stopped. Then he glared at Ezra, shouted and angrily raised his fist, and Ezra commanded marshals to "seize that man."
[...]
Ezra faced a challenging hearing. As he tried to invoke fines, a young man began to clap and chant. Ezra ordered him out of the courtroom.

Moments after Ezra made Ayau's prison fate clear, Pualani Kanahele, a renowned kumu hula from the Big Island and Ayau mentor, stood up from her second-row seat and loudly said, "I will not sit and hear this crap."

As Kanahele stomped out, cursing Kawananakoa, others followed.

Ezra, trying to maintain order, politely asked that they wait for the end of the hearing. When the crowd, with angry faces and fists raised, continued to make noise, he asked the plainclothes marshals to "clear the courtroom."

He then tried to proceed as loud chants, crying and mournful songs echoed into the courtroom from the marble hallway, making it difficult to hear in the court.

That story notes "100 Hui Malama supporters." The Advertiser story managed to find "at least one person in the crowd was opposed to Hui Malama's views and believes there are many others like her." I wonder, if there are many like her, where were they yesterday?

The Star-Bulletin article says this: "Ezra said this case is about native Hawaiians versus native Hawaiians and not native Hawaiians versus the federal court. 'This forum is simply the place for this dispute to take place.'" Setting aside for the moment the fact that this is the improper venue due to the prolonged illegal occupation of Hawaii, obviously there are 'oiwi on both sides of the dispute, but does it say something that those present in the court were overwhelmingly, like 100-1, on one side of the dispute?

I have been hesitant to make my own comments much on this case because I am in no position to judge the cultural aspects of the dispute, despite knowing some of the parties involved, and I was not really sure about the sentiment of the larger community. But I think we will see in the coming days some manifestation of what the sentiment in the Hawaiian community really is, particularly among cultural and religious practitioners, and whether that sentiment reflects the very lopsided showing of supporters yesterday.

Also, one person involved in the case said to me yesterday that Ezra only jailed Ayau because "if he had put Aunty Pua in jail, all hell would have broken loose in the community."

FYI, Hui Pa'a will be meeting Wednesday night at 6 pm, Shipman Business Park..16-643 Kipimana St. #15 in Keaau. "We will be developing a response and action to the latest developments regarding Hui Malama and the arrest of Halealoha Ayau and Kihei Nahale'a." Call Kale for more info questions: 982-9020.

Oh, and the Advertiser editorial picked up on a "what seemed to be a passing remark" by Ezra that "may have suggested an incremental step toward accord in the divisive case of 83 buried Hawaiian artifacts. [...] Ezra has proposed that a third party be found, one acceptable by all sides in this contentious dispute, to take custody of the artifacts in the case until their disposition is finally settled."

Finally, there's a letter in the Advertiser from the Hui Malama board about the definintion of "moepu" (funerary object), specifically regarding the time of placement of the object. According to federal law (NAGPRA) and Hawaiian cultural practice, they say, "There is no requirement as to when placement occurs for it is solely the act of placement that qualifies an item to be moepu."

WaPo and NY Times among others carried the AP wire story.

Update: It might be a good time to review the commentary in the Advertiser last month by U'i Pauole and Alan Murakami from the Native Hawaiian Legal Corp. seeking to clarify Hui Malama's role in the reinterment of moepu in the Kawaihae Cave.

Also, does anyone find it troubling that Ayau was sentenced to "an indeterminate amount of time" in prison?

Posted: Wed - December 28, 2005 at 09:41 AM

getBlogName(); > getCategoryName("C259362623"); >

Hui Malama leader jailed at 'challenging' hearing

> >