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The Honolulu Advertiser

Posted at 5:06 p.m., Thursday, January 5, 2006

Alternative resolution offered in artifacts case

Advertiser Staff

A federal judge offered parties involved in the dispute over 83 priceless cultural objects to participate in the Hawaiian concept of ho'oponopono or some other type of alternative resolution as a possible means to resolve the controversial lawsuit.

During a hearing today, U.S. District Judge David Ezra said he agrees with Native Hawaiians who believe the dispute between Bishop Museum, Hui Malama I Na Kupuna O Hawai'i Nei and other Hawaiian organizations should not be resolved in a federal court.

"The whole idea is to take the matter out of the courtroom and into the hands of Hawaiians," Ezra said.

The judge assigned U.S. Magistrate Kevin Chang to preside over the possible alternative resolution. Ezra said the process will go on a "dual tract" with the ongoing traditional court case continuing.

Two other Native Hawaiian groups sued Hui Malama and the museum seeking the artifacts' return to the museum. Hui Malama officials have refused, saying the artifacts were placed back from where they were looted by Westerners in the early 1900s and that to tamper with them now would violate their religious and cultural beliefs.

Also today, Ezra denied a request by Hui Malama to have Edward Halealoha Ayau, its executive director, released from jail. Ayau has been held at the Federal Detention Center since Dec. 27 when Ezra found him in contempt of court for not complying with a federal order to divulge the exact location of the objects.