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Judge Proposes Hawaiian Mediation For Artifacts Dispute

Attorney: Jailed Hawaiian Leader Happy With Proposal

POSTED: 5:58 pm HST January 5, 2006
UPDATED: 3:44 pm HST January 6, 2006

A federal judge proposed a way to end a standoff that has kept a Hawaiian leader in prison after refusing to tell where Hawaiian artifacts have been placed in Big Island burial caves.

Hui Malama returned 83 Hawaiian artifacts to the burial caves from which they were taken a century ago. Other groups said the reburial was wrong and want the items recovered.

The Native Hawaiian group Hui Malama, which returned the items to the caves, has so far refused a federal judge's order to retrieve them or help other Hawaiian groups collect them.

Hui Malama's leader, Edward Ayau, has been in jail since last week because of the group's refusal to cooperate.

Ayau remained defiant in court on Thursday, refusing to reveal specifically where the items have been hidden in two caves or who participated in the repatriation.

Judge David Ezra proposed that Ayau could get out of jail sooner if Hui Malama participates in a Hawaiian-style mediation process. Ayau's attorney said his client was pleased.

"I think he is saying this is a positive move. He was a bit pleasantly surprised with the judge's attitude that was about going forward with what they called a parallel process to approach some means of a Hawaiian resolution to a Hawaiian problem," Hui Malama attorney Alan Murakami said.

The attorney for Hawaiians who want the items retrieved said she would have to talk to her clients before agreeing to Hawaiian mediation.

"The judge did say that when the items come back, Mr. Ayau would be released. So, I think that gives everyone an incentive to proceed as quickly as possible," said attorney Sherry Broder, who represents other Hawaiian groups.

The judges didn't say exactly what Hawaiian mediation meant, so there may be things to negotiate before real negotiations can begin.

"It wasn't clear if this was hooponopono (to correct, as by family discussion) or some other form of mediation. So, culturally we have to be careful of what form of mediation the court was talking about," Hui Malama board member William Aila said.

Hui Malama also wants a dozen other groups with interest in the items to be involved.

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