Trial begins in Maui tourists' deaths

By Timothy Hurley
Advertiser Maui County Bureau

WAILUKU, Maui — The families of four tourists swept to their deaths in the raging surf off Ke'anae more than four years ago began their courtroom quest for compensation yesterday, claiming the state failed to warn them of the area's dangers.

The nonjury trial opened before Maui Circuit Court Judge Artemio Baxa with University of Hawai'i oceanography professor Rick Grigg testifying that a winter storm north of Hawai'i had pushed large waves toward Ke'anae on Jan. 30, 1997.

Grigg, testifying for the plaintiffs, said ocean conditions can be extremely dangerous when large swells hit the Ke'anae area along Maui's eastern coastline, with strong currents creating a choppy whirlpool of surf.

According to the suit, Mitesh Bhakta, a 32-year-old pharmacist from Duluth, Ga., was drawn to the landing area, site of an old pier on the west side of the peninsula, to take pictures. The landing area includes places to park and a concrete stairway that leads to the remains of the pier, which was built by the state in 1925.

"It's a safe-looking area, but it's deceptive,'' Grigg said.

The deception is exacerbated by lulls between wave sets, a phenomenon unfamiliar to many tourists, he said.

Attorney for the plaintiffs, Arnold T. Phillips II, pointed out that no warning signs were posted at the peninsula like they are at Lana'i Lookout, a similar old pier near Hanauma Bay on O'ahu. He showed the court a picture of the lookout sign, which reads: "Danger: Waves on Ledge.''

State and county attorneys contend the victims' risky behavior in getting too close to the ocean outweighs any negligence by the state or county.

According to the suit, Bhakta's wife, Jyotsna Bhakta, saw a wave knock her husband into the ocean and throw him into the rocks. Bhakta was brought in, and a Utah fire captain, Donald Arends, began resuscitation efforts near the water's edge.

But a few minutes later, a new set of waves swept over the rocks, knocking Arends, Bhakta and five others into the water. Bhakta and Arends, 50, drowned. The bodies of Bhakta's brother, Bhupunda Bhakta, 31, and a cousin, Meghal Shah, 33, were never found.

Ke'anae residents brought the three survivors to safety.

The suit does not specify the amount of damages the families are seeking.

Correction: The state of Hawai'i is the only remaining defendant in the case. A previous version of this story incorrectly said there is a second defendant.