Suit charges desecration at Wal-Mart site

By David Waite
Advertiser Courts Writer

An organization that oversees perpetual care for the remains of Native Hawaiians and a woman who claims ancestral ties to the construction site where a new Wal-Mart store is to be built are suing Wal-Mart and state officials.

The suit contends that the 25 sets of human remains found at the site near Ke'eaumoku Street have not been cared for as prescribed by state law.

The lawsuit, filed yesterday by Native Hawaiian Legal Corporation attorneys Alan Murakami and Moses Haia III, accuses Wal-Mart and officials from the state Department of Land and Natural Resources of violating the public trust and unlawfully manipulating and violating sections of state law that deal with protection and preservation of human remains and desecration of graves.

Hui Malama I Na Kupuna O Hawaii Nei and Paulette Kaleikini are named as plaintiffs in the lawsuit.

Peter Young, state Department of Land and Natural Resources director, declined to comment last night.

"I can't respond directly until I have an opportunity to read the lawsuit," Young said.

Young met with Hui Malama officials last week and said he later contacted Wal-Mart representatives and asked them to put up a buffer fence around the site where the remains were found, clean up the area and find a better way to protect the open grave. He said he was under the impression Wal-Mart would act on the request immediately.

Wal-Mart officials could not be reached to comment last night on what actions have been taken to protect the remains.

The lawsuit asks that the Circuit Court declare that Wal-Mart and state officials are violating state law, and seeks a permanent injunction against them to prevent further alleged violations.

The lawsuit also seeks an amount of money to be determined at trial.

Wal-Mart purchased the 10.5-acre site in May 2002 and plans to build a Sam's Club and Wal-Mart there.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.