Hawaiians refuse to hand over artifacts
TAIPEI TIMES | DECEMBER 29, 2005 | Read original at TaipeiTimes.com
A packed courtroom erupted into tears and bellowing chants after a federal judge on Tuesday found four leaders of a Hawaiian group in contempt for refusing to disclose where they buried native Hawaiian artifacts borrowed from a museum.
Edward Halealoha Ayau, executive director of Hui Malama I Na Kupuna O Hawaii Nei, was taken into federal custody after refusing Chief US District Judge David's Ezra's order to reveal the exact location of the 83 artifacts borrowed from Bishop Museum. Ayau told Ezra that he would be honored to be placed in custody.
"We did the honorable thing," he said.
Board members William Aila, Pualani Kanahele and Antoinette Freitas, were also found in contempt, but not jailed. Ezra ordered Ayau to be kept in custody until he or others return the ancient objects or come forward with their location. The judge said it was not necessary that the objects be returned to the Bishop Museum, but it was necessary that Hui Malama follow the court's order. "Make no mistake about it, the court's order will be complied with," he said.
The four were called before the court to explain why they have refused to abide by a federal court order and state the locations of the objects and name those who had participated in their reburial. Hui Malama has told the court that the items have been buried and sealed in the Kawaihae Cave complex on the Big Island. But Ezra said on Tuesday that the court needs a more precise location to better preserve and protect the artifacts. Hui Malama said the artifacts were looted from a cave by an archaeologist in 1905 and illegally sold to the museum. The group argued that it has simply put the items back where they belong. But 13 other groups also claim ownership of the objects.
Hui Malama considers the objects funerary, even though Ezra said other Hawaiian groups have a different interpretation of the artifacts' spiritual significance.
"Your clients don't have the corner on the native Hawaiian religion," Ezra told the group's attorney before issuing the contempt order. Sherry Broder, an attorney for the groups Na Lei Alii Kawananakoa and the Royal Hawaiian Academy of Traditional Arts, which sued Hui Malama for the objects' return, said Ezra had already bent over backward to accommodate members of Hui Malama. Ezra said he had hoped that the groups involved could work out their differences but has heard only rhetoric on both sides. Supporters of Hui Malama shouted and wept as the hearing closed and Ezra ordered everyone but the press to leave.
Kihei Nahalea, of the Big Island, was ordered by Ezra to spend five days in jail for contempt of court for shouting out as he left the courtroom. A crowd then gathered just outside the courtroom and began wailing plaintive Hawaiian chants.