Last week's decision by Circuit Judge Colleen Hirai to appoint a fact-finder to investigate complaints against Bishop Estate trustees was a sweet first victory for the more than 2,000 students, parents and alumni represented by Na Pua a Ke Alii Pauahi. I applaud the Star-Bulletin's coverage, as well as that of other local media that have closely followed what has been at times a fairly complex issue. Na Pua won’t drop torch
for disgruntled beneficiariesCourt-appointed fact-finder needs help
from everyone with concerns about
Kamehameha SchoolsWhile it is true, as suggested by the Star-Bulletin's headline ("Na Pua promises to hound fact-finder," June 26) that we will be watching closely the actions of the court-appointed fact-finder, Na Pua won't just be acting as a watchdog. To ensure that the investigation is being conducted thoroughly and objectively, we will be helping former Probate Judge Patrick Yim in every way we can.
It is the people we will be hounding, those who have the critical information to assist Judge Yim in this process. They are the ones we will be encouraging to step forward.
The task will not be all that easy. Given that many fear and have already suffered retribution for speaking out on this issue, Na Pua will ensure, in court proceedings if necessary, that their confidentiality is protected.
The most important victory in last week's decision is that the process will be made public through a mechanism of reporting to the court.
To be sure, it is the progress and results of the fact-finder's inquiry that will be made public, not the names of those who will assist him in getting to the bottom of this controversy.
One important part of Judge Hirai's decision that was not mentioned in the Star-Bulletin story was the judge's ruling that, at any time, Na Pua could continue its petition to seek standing as the beneficiaries of the Bishop Estate.
Na Pua has not withdrawn its petition to intervene and respond, and its petition to proceed as unidentified parties. That means at any time they feel the process is not being conducted fairly, the students, parents and alumni represented by Na Pua may step back into the courtroom. They may continue their argument that they are the actual beneficiaries of the Bishop Estate and, as such, have a right to protest how the Bishop Estate and the schools are being managed.
From the start of the Bishop trustees' effort to have Judge Yim appointed to conduct a review, the estate's attorneys have vehemently protested the students, parents and alumni being involved in any way with the estate's business.
The trustees, through their attorneys and court filings, insist that the only beneficiary of the estate is the physical school itself, a ludicrous argument given Princess Bernice Pauahi Bishop's express articulation in her will that the children are the ones she wanted to benefit from her trust monies.
As soon as Judge Yim receives his specific instructions from Judge Hirai on how he is to proceed, Na Pua will begin its part in facilitating the fact-finding process.
It would be tragic if the students, parents, alumns, faculty and others who have been so hurt in this controversy were to stand by, hoping someone else will speak up for them.
The beneficiaries and others must speak for themselves. No one else can speak for them. I implore anyone who has relevant information about the estate and the schools to step forward to Judge Yim in confidence or openly.
Beadie Kanahele Dawson is the attorney
for Na Pua a Ke Alii Pauahi Inc. The opinions expressed
in View Point columns are the authors' and are not
necessarily shared by the Star-Bulletin.