Saturday, March 3, 2001
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Posted on: Saturday, March 3, 2001

OHA legal challenge won't be abandoned


By Yasmin Anwar
Advertiser Staff Writer

Big Island lawyer and Republican John Carroll has changed his mind about dropping his lawsuit challenging the constitutionality of the Office of Hawaiian Affairs, and is moving forward with his claim that OHA money is used for racially discriminatory purposes.

John Carroll said he was threatened, which renewed his urge to fight.

Advertiser library photo • May 25, 2000

Carroll said last month he was considering withdrawing the lawsuit, to pursue non-race-based legislative alternatives to address Hawaiian grievances.

But this week Carroll said recent commentary in the news media and an intimidating telephone call had inspired him to pursue litigation.

Carroll, a lawyer, former commercial pilot and former University of Hawaii athlete, said he received a phone call Wednesday from a man who warned him that danger could befall Patrick Barrett, another non-Hawaiian plaintiff challenging the constitutionality of OHA.

Carroll said that during the conversation the caller recalled the fate of Larry Kuriyama, a state senator and lawyer who was shot to death in the garage of his Aiea home in 1970.

Underworld hit man Ronald Ching confessed to the murder in 1984.

"I am not afraid for myself. I am afraid for the peace of this community. There is a lot of anti-haole talk going around. There is talk of revolution, war.... We need positive solutions," Carroll wrote in an e-mail to The Advertiser.

Barrett’s lawsuit is challenging the constitutional amendment that created OHA, adopted the Hawaiian Home Lands program and paved the way for native gathering rights on private property.

A hearing on a motion for a preliminary injunction to halt operations at OHA and the state Department of Hawaiian Home Lands is set for May 2.

Barrett’s lawyer, John Goemans, said neither he nor his client had received any threats. He said they were moving forward with their lawsuit.

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