Showing posts with label Atooi. Show all posts
Showing posts with label Atooi. Show all posts

No Well! - No Way!

SUBHEAD: “You. Ain’t. Drilling!” yelled Louise Sausen of Haena, an outspoken opponent of the project.

By Chris D'Angelo on 29 January 2014 for The Garden Island -
(http://thegardenisland.com/news/local/no-well-no-way/article_35a5079e-88ad-11e3-a2b4-0019bb2963f4.html)


Image above: Dayne Aipolani of The Polynesian Kingdom of Atooi speaks with facilitator Diane Zachary during the public meeting on the Kahili Horizontal Directional Drilled Well Project. From original article. Photo by Deniis Fujimoto.

Officials with the Kauai Department of Water came out Monday in hopes of discussing the cost-savings analysis report for the Kahili Horizontal Directional Drilled Well Project.

They never got a chance.

Instead, the aggressive crowd of more than 100 that showed up ran the show, forcing facilitators to shut down the meeting before it even started and sending a loud-and-clear message back to the DOW and its Board of Water Supply.

“You. Ain’t. Drilling!” yelled Louise Sausen of Haena, an outspoken opponent of the project.

Monday’s meeting was the latest speed bump in the saga surrounding the estimated $60 million project, which proposes drilling a 12,000-foot-long, high-elevation well in one of four locations near Mount Kahili. DOW says the project would allow the department to access high-level water, and that the cost of doing so would be made up in savings over the next 25 years.

But community members — at least those in attendance Monday — aren’t interested.

Echoing previous meetings, some voiced concerns about disrupting Kauai’s sacred mountains. Others said the proposal is an attempt to take water rights from the people of Hawaii.

“If you drill this, we’re going to prosecute you,” said Kekaha resident Dayne Aipoalani, who said he’s the Alii Nui (high chief) of the Polynesian Kingdom of Atooi.

Since he started working on the project, DOW Acting Manager and Chief Engineer Kirk Saiki said people often approach him with two questions.

First, why is the department doing the project? He said the DOW has a responsibility, and obligation, to look for new water sources.

“It could be as simple as, you know, knowing where we have productive wells and drilling other wells, or it could be complicated like this project,” he said. “But that’s part of what we do. We go and we identify potential sources.”

The second question usually asked of Saiki, he said, is whether the DOW is actually going to drill the well?

In September, the board unanimously voted that the DOW’s contractors get started on an economic feasibility study, one that would justify moving forward with a full-scale environmental impact statement.

Now that the study is complete, Saiki said it is up to the department and board to decide whether to proceed with the EIS.

If they don’t, the project would be suspended.

“Right now, all we’re doing is looking at the project on paper,” Saiki said. “Are we going to drill the well? I don’t know. We haven’t determined that.”

His comment sent the meeting into a downward spiral, with community members shouting over one another.

“We’re telling you you’re not,” Sausen said. “You’re not drilling the well.”

“No wells!” another woman shouted.

At the beginning of the meeting, facilitator Diane Zachary, president of the Kauai Planning and Action Alliance, attempted to set some ground rules, including keeping comments to the cost-savings analysis report — which the department never actually presented — and being respectful of each other.

“I know that you’ll do that,” Zachary said.

She was wrong. Voices raised. Threats were made.

At one point, Aipoalani jumped out of his seat and approached the front of the room, questioning who Zachary, Saiki and others really were.

“I don’t recognize you guys on this land,” he said. “We in charge of this land, not you guys. You know who I am? I’m Alii Nui … You guys don’t have our permission. OK? We going to protect this, whatever it takes. You guys can call you guys’ police, you guys’ DLNR. But they gonna have to come see me, and us. We are the federal marshals of Hawaii. We going to protect all this.”

Then Zachary asked whether anyone in the room actually came to hear about the cost-savings report.

“No!” echoed through the room.

Shortly after, a representative of the Kingdom of Atooi posed his own question: “How much of you guys want to shut this project down?”

Cheers of approval filled the Kappa Middle School cafeteria, while rain poured down outside.

“That’s what we came to tell you,” Sausen said. “No drilling. Period. Sorry, it ain’t gonna happen.”

Finally, with emotions running high and no police officers to keep the situation under control, a visibly shaken Zachary closed the meeting, drawing cheers from the crowd.

But not before Aipoalani got a final say.

“It’s not funny. It’s not funny being desecrated in these lands. It’s not funny being oppressed. It’s not funny when you don’t listen to us,” he said. “If you don’t hear us, you will never hear our children. That’s why today we stand for our children and our people.”

Kauai County Councilwoman JoAnn Yukimura said she attended the meeting hoping to learn about the report and project.

“Although I wasn’t able to stay for the whole thing, what I saw made me very sad because it looked like a community that was not able to talk civilly and with aloha about a very important issue,” she said.

In an emailed statement Tuesday, Saiki said the DOW was “disappointed” that it did not receive public comments on the cost-savings report.

“However, we do take what was said at the meeting seriously and we are willing to meet with individuals who are open to sharing their cultural knowledge and concerns with us,” he said. “We want to remind the public that the project is still in the preliminary stage and input is very important.”

No other public outreach meetings on the report have been scheduled and it is unclear whether the cost-savings analysis will be on the agenda for the board’s Feb. 27 meeting.

The 28-page report, released last month and prepared by Plasch Econ Pacific LLC, “evaluates the costs of various water-source alternatives,” according to a DOW release. Those alternatives include continuing to supply water from the current water-supply system, with no significant changes or upgrades, modifying the Waiahi Water Treatment Plant by adding a solar farm and related improvements to reduce energy costs and moving forward with the horizontal well.

Of the three alternatives, the report found that the well project would be the least expensive.
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Hawaiian invokes UN policy

SOURCE: Brad Parsons (mauibrad@hotmail.com)
SUBHEAD: Judge determines the State of Hawaii can’t keep Atooi leader’s badge as part of plea deal.

 By Tom LaVenture on 30 July 2011 for the Garden Island - 
(http://thegardenisland.com/news/local/crime-and-courts/article_5d4f4f06-bb51-11e0-9485-001cc4c03286.html)

 
Image above: Dayne Aipoalani Gonsalves in 2007 with badge in question. Photo by Nathan Eagle from original article.

A Lihue attorney is using recent changes in federal and state policies regarding the rights of indigenous peoples to defend a Kekaha man in a case stemming from the Hawai‘i Superferry protests in 2007.

Fifth Circuit Judge Kathleen Watanabe earlier this month granted Dan Hempey’s motion that called on the Kauai county prosecutor to strike a reference in an earlier plea deal that would have required Dayne AipoalaniGonsalves to surrender an “illegal badge,” according to court minutes from a July 13 hearing. She also ordered that any future plea deal should not contain that requirement.

The motion faced its first hurdle Tuesday with a state request for a motion to stay the order, on the basis that as state’s evidence the “Hawaii Federal Marshal” badge should not be returned until the August 9th pretrial hearing or the ensuing trial.

Melinda Mendes, county deputy prosecutor, said the state would exercise its right to appeal the order if the stay was not granted. She asserted that the stay allows the trial to go forward as planned, while an appeal process would push the trial well past its scheduled court date.

Hempey said the prosecution had the right to appeal the order but noted a lack of information for an adequate response to warrant an automatic stay and opposed it on record. He said there are ample photos of the badge to use as evidence and that there was no need to keep the property.

Watanabe granted the prosecution’s motion to stay the order until the pretrial hearing to clarify the request for extraordinary relief.

Mendes filed the motion, which states that a pending trial is reason to reconsider the order and that the request is made in the interests of fairness and justice — not for the purpose of delay.

“The state is requesting that the order to return the badge immediately to the defendant be stayed pending the ruling on the motion to reconsider the appeal,” the motion states. Were the stay order to be denied, Mendes said, the state would have appealed it.

Watanabe questioned whether the prosecution was specifically taking issue with the return of the badge or of the court’s ruling to strike the language requiring the defendant to surrender it as part of the plea deal.

Mendes replied that the motion was to reconsider both, but that the issue at this particular hearing was strictly about returning the badge.

Gonsalves, 47, was arrested in October 2007 for impersonating an officer when he presented his Atooi badge at a county meeting related to a proposed development on burial grounds. He was out on bail at the time, having been arrested for trespassing, disorderly conduct and obstructing government operations during the August 2007 Hawaii Superferry protests at Nawiliwili Harbor.

He qualifies under state law as Native Hawaiian. Gonsalves is recognized by some as an alii nui, or king, of the indigenous government “Atooi” (Kauai). This kingdom of Native Hawaiian residents on island, who consider themselves to be its citizens, awarded Gonsalves with the badge for his work with other indigenous nations, including Rapanui, Tahiti and Aotearoa, which in turn recognize Atooi, a member state of the United Nations of Turtle Island in Polynesia.

Hempey argued that Gonsalves was not pretending to be a State of Hawaii law enforcement officer; he was identifying himself as a law enforcement officer in the Kingdom of Atooi, a legitimate and legal title that is not in violation of U.S. laws, court minutes show.

Motions filed by Hempey’s law firm emphasize the United Nations Declaration on the Rights of Indigenous People, which President Barack Obama signed in December 2010, making it the official policy of the United States. He also referenced the rights of indigenous Native Hawaiian people as granted by the state constitution, and the Native Hawaiian Recognition Act recently signed by Gov. Neil Abercrombie.

Hempey is arguing that law enforcement is part of the right to “maintain and strengthen distinct legal institutions” to encourage nation-building within an indigenous nation.

The earlier plea deal offered to reduce charges to petty misdemeanor obstructing and a $250 fine, dismissing the remaining charges. The prosecution stipulated that the surrender of the badge was part of the deal, and Watanabe ruled this to be in violation of the rights granted to Native Hawaiians.

Gonsalves was also arrested July 1, 2011, on three counts of second-degree theft, regarding a complaint dating back to 2008 when he allegedly removed rocks that were property of the Department of Hawaiian Homelands.

Gonsalves describes the land where the rocks were removed as “poison aina,” noting that he was uncovering toxic waste that has never been cleaned up and presents a danger to anything growing in the area.

He contends the old charges and the manner in which he was arrested have something to do with the badge.

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Kingdom of Atooi Badgered

SUBHEAD: Kauai police officer Roy Asher had no right to confiscate federal marshal badge of Dayne “Aipoalani” Gonsalves.  

By Joan Conrow on 23 July 2011 for Honolulu Weekly -  
(http://honoluluweekly.com/diary/2011/07/badgering)


Image above: KPD Lt. Roy Asher (l.) and Kingdom of Atooi leader Dayne Aipoalani (r.) discuss Superferry entry into Nawiliwili Harbor
on 8/26/07. Photo by Jonathan Jay for Island Breath.
 
A four-year-old case stemming from protests over the Hawaii Superferry took an unusual turn recently when a judge ordered the Kauai Police Department (KPD) to return a badge they took from the arrested leader of the Kingdom of Atooi.

Kauai attorney Dan Hempey successfully argued that his client is entitled, under the United Nations Declaration on the Rights of Indigenous Peoples, to possess a badge identifying himself as a federal marshal in the Kingdom of Atooi.

Dayne “Aipoalani” Gonsalves, the alii nui of the Kauai-based Kingdom of Atooi, is awaiting trial on misdemeanor charges stemming from an Aug. 26, 2007, protest against the Superferry, as well as two counts of impersonating a law enforcement officer.

Gonsalves allegedly produced the badge when police arrested him on Oct. 23, 2007, for the Superferry-related offenses, resulting in the first charge of impersonating an officer. The second count was added when police found the badge in a pouch in Gonsalves’s truck during an his arrest on April 30, 2008, for failing to appear in court on the initial impersonation charge.

Gonsalves has consistently maintained that he was not impersonating a police officer, but instead legitimately holds the badge as a marshal of the Kingdom of Atooi, a sovereign entity over which the cops have no authority. The badge bears the Gonsalves family’s coat of arms and reads “Hawaii Federal Marshall–Kingdom of Atooi.”

Gonsalves agreed to a settlement offer according to which he would pay a $250 fine for obstruction and in return the other charges would be dropped. The deal soured, however, when the Kauai County prosecutor’s office imposed an additional term requiring Gonsalves to surrender his badge, according to Hempey’s motion asking the judge to enforce the original plea offer and strike the “illegal condition.”

Hempeyʻs motion further included that the “Defendant contends that this United Nations declaration clearly obliges the United States and its political subdivisions to recognize, at a minimum:
1) Defendant’s right to a position in government in his Atooi nation;

2) Defendant’s right to possess an identification card identifying him as a citizen of his Atooi nation; and the right to possess a badge.

“Defendant contends that the Kauai Office of the Prosecuting Attorney violates his human rights by demanding, as a condition of a plea bargain in a criminal case involving misdemeanors and petty misdemeanors, that he surrender any of his human rights to self-determination as an indigenous person of these islands–including his right to be identified within his Kingdom by his title and badge,” according to the motion.

Kauai Circuit Court Judge Kathleen Watanabe agreed during a July 13 hearing that Gonsalves does have a right to his badge, and she told Hempey to prepare an order directing KPD to return the badge now.

The judge did not grant the part of the motion that asked for the original plea agreement to be enforced, saying that no agreement was in effect.

Deputy Prosecutor Melinda Mendes vigorously opposed Watanabe’s decision, saying the badge was needed as evidence to try Gonsalves on charges of impersonating an officer.

Kauai prosecutors have not determined whether they will appeal the ruling or offer Gonsalves another plea agreement. His trial is set for August 29.

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