Giant Telescope: Trial alternative considered for Hawaii telescope protesters

By: | Updated: July 12, 2015 12:24 AM

Instead of a trial, most of the people arrested in April for blocking construction of a giant mountaintop telescope will likely participate in a Hawaiian culture-based form of mediation.

Instead of a trial, most of the people arrested in April for blocking construction of a giant mountaintop telescope will likely participate in a Hawaiian culture-based form of mediation.

Three defendants in the case filed a motion asking for a hooponopono (ho-OH’-po-noh-po-noh) as an alternative to a trial. Hooponopono is traditionally used within families to work out differences, using prayer and discussion.

Hawaii County Prosecuting Attorney Mitch Roth said his office supports the motion. He met with a group of defendants Monday night to discuss how the unique process may be used in a criminal case that is rooted in protesters’ belief that they are protecting Mauna Kea, a site they consider sacred, from desecration.

A total of 31 people were arrested in April when protesters blocked workers from accessing the construction site near the summit of Mauna Kea for the planned $1.4 billion Thirty Meter Telescope. Roth’s office later dismissed trespassing charges for 10 defendants.

Roth said hooponopono is being considered only for the remaining 21 people charged with obstructing. A few of them have told prosecutors they prefer to proceed with trial, he said. It’s not being considered for 12 people who are charged in a second round of arrests last month.

”It may not be pure hooponopono. It may be something culturally based between hooponopono and mediation,” Roth said Tuesday. ”We’re open. We would not be a party to it. We’re trying to facilitate how this would happen.”

In doing that, Roth has asked the defendants to come back to his office in about two weeks with parameters for the process. Roth said he envisions other participants to be representatives from the governor’s office, the state attorney general, the state Department of Land and Natural Resources, the nonprofit company building the telescope and the University of Hawaii, which is responsible for managing stewardship of the mountain.

”I haven’t heard back from the governor’s office. But it seems like everyone was willing to keep an open mind,” he said.

A spokeswoman for the governor’s office referred The Associated Press to an attorney general spokesman, who didn’t immediately respond to a request for comment. The TMT International Observatory Board has said previously in a statement that it appreciates the invitation to participate in hooponopono but hadn’t yet received details.

This won’t be the first time a Hawaii court case uses hooponopono.

In 2006, a federal judge in Honolulu let Hawaiian groups and the state’s largest museum use hooponopono to settle their dispute over a cache of priceless artifacts. It has been used in family court cases such as custody disputes, said Malcolm Naea Chun, a Native Hawaiian culture scholar.

In order for hooponopono to be effective, participants must ”engage in honest self-reflection rather than finger pointing,” Moses Haia, executive director of the Native Hawaiian Legal Corporation, said in a statement.

It’s a process of making a dispute pono, or right, said Malia Akutagawa, an expert in Native Hawaiian rights and law at the University of Hawaii’s law school. She likened it to the tedious task of untangling knots. There also has to be a willingness to admit wrongs, she said.

”Quite honestly, prayer is very essential,” she said. ”People may have different religions … however people want to frame it, but there is a sacred element that enters.”

Telescope construction remains stalled amid the protests. The opposition has prompted Gov. David Ige to say that Hawaii needs to do a better job of caring for the mountain. He laid out some actions he wants the university to undertake, including decommissioning some of the 13 telescopes already on the mountain. The California Institute of Technology announced in May that it will begin decommissioning its Submillimeter Observatory next year.

On Tuesday, the University of Hawaii announced the second telescope to be decommissioned will be the Hilo campus’ educational telescope called Hoku Kea.

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