Protecting Sacred Mauna Kea
Press Release Dec. 3, 2015
further contact: Jim Albertini 966-7622
ja@malu-aina.org
Re: Judge Barbara Takase refuses to dismiss charges against Mauna Kea Protectors even after State Supreme court rules TMT permit is voided.
Jim Albertini, one of the Mauna Kea protectors arrested on Mauna Kea on April 2, 2015 was one of several Mauna Kea Protectors in Waimea Court today before Judge Barbara Takase.
Albertini with several others defendants, and the approval of Hawaii county prosecutor Mitch Roth and Judge Takase attempted to use Ho’oponopono, a traditional Hawaiian process of making right, as an alternative to trial. Albertini presented to Judge Takase a 15 point written summary and 17 pages of attachments on efforts to initiate Ho’oponopono between several Mauna Kea protectors and those promoting TMT, including DLNR, University of Hawaii, TMT officials, etc. Albertini made his presentation to show good faith on the part of Mauna Kea protectors and the lack of good faith response by those promoting TMT who refused to participate in Ho’oponopono.
Albertini then made an oral motion for dismissal of charges in light of the State Supreme Court Ruling that the TMT permit is void, because the BLNR granted the permit prior to a contested case ruling. The Supreme Court Chief Justice Mark Recktenwald said: “Quite simply, the board put the cart before the horse when it issued the permit before the request for a contested case hearing was resolved and the hearing was held.” Albertini said the charges should be dismissed because the protectors were blocking an illegal cart from causing imminent desecration to Hawaii’s most sacred temple –Mauna a Wakea. Judge Takase, who admitted she had not yet read the court’s decision, said Albertini and others would have to make motions for dismissal of charges in writing. She added that the TMT permit had nothing to do with the charges of obstructing a roadway for which the Mauna Kea protectors have been charged. Albertini said first an appellate court ruled the DLNR emergency rules rushed through in July were illegal and the charges were dropped against people arrested under those rules. Now the Supreme Court ruled the DLNR issued permit for TMT is illegal. It follows that the arrests for blocking the illegal desecration of Mauna Kea should be ruled illegal as well and the charges should be dismissed. It’s the legal principle “Void ab initio” Void from the beginning. Invalid from the getgo. The permit being thrown out relates back to the time of the arrest. Throw out the arrests. Put another way. If the tree of justice is poisoned, it’s fruit is poisoned as well.
Albertini said the prosecutor and the court should be charging people with desecration of Hawaii’s most sacred temple –Mauna a Wakea, instead of charging people for obstructing a roadway trying to stop the desecration. He said the prosecution is very political when it should be about justice –respecting Hawaiian religious and cultural practices and Hawaii’s most sacred temple. Albertini said arrests on Mauna Kea from Day One were illegal. DLNR has become a rogue state agency — promoting desecration, instead of protecting sacred sites.
Albertini was told to file a written motion for dismissal by Dec. 18th and the motion would be heard in Waimea Court on Jan. 8th at 9AM. Albertini said he plans on filing the motion.
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Jim Albertini Malu ‘Aina Center For Non-violent Education & Action P.O. Box 489 Ola’a (Kurtistown) Hawai’i 96760 Phone 808-966-7622 Email ja@malu-aina.org www.malu-aina.org
