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The Honolulu Advertiser

Posted at 12:00 p.m., Friday, November 18, 2005

Decision delayed in iwi case

By Gordon Y.K. Pang
Advertiser Staff Writer

A decision on whether an archaeologist and his partners should be fined $210,000 in connection with the alleged tampering of burial remains at the construction site of the Wal-Mart/Sam's Club complex on Ke'eaumoku Street has been postponed, likely until next year.

The Board of Land and Natural Resources today deferred a decision after an attorney for Aki Sinoto Consulting, the International Archaeological Research Institute and individuals involved with the two companies requested a contested case hearing.

Such a hearing allows the different sides in an issue to present more facts and arguments than they would otherwise. A hearing officer will preside over the hearing and will make a recommendation to the Land Board, which will make the final decision.

The state Historic Preservation Division is recommending that the archaeologists be fined $210,000 for tampering with the remains, or iwi, on the site. Among the infractions cited by the agency were "writing on a child's skull with indelible red ink, taping a child's teeth to an index card, using duct tape and modeling clay to hold remains together and writing the words 'Handbag Louis Vuitton' on a paper sack that contained a human hand."

A joint statement issued by the archaeologists yesterday denied the allegations made by the Historic Preservation Division. "We are shocked and dismayed that (the Historic Preservation Division) would make such irresponsible allegations and take an extremely adversarial position against us," the statement said. "We are professionals and carried out our work in the most professional manner possible to insure full compliance with applicable statutes and regulations."

Moses Haia, an attorney for the Native Hawaiian Legal Corp., which represents clients critical of the handling of the remains and had filed a lawsuit as a result, said he was disappointed that people who had shown up this morning to testify on the proposed fines were not allowed to give their statements.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8026.