Friday, February 13, 1998

Lindsey's attorneys want more time for 'proper discovery'

Hearings are scheduled for Feb. 27
on the question of whether she
should be removed as a trustee

By Rick Daysog

Attorneys for Bishop Estate trustee Lokelani Lindsey want to postpone Feb. 27 hearings seeking her removal as trustee and the appointment of a special administrator for the estate.

Lindsey's attorneys, William Harrison and Keith Matsuoka, filed court papers yesterday seeking the delay to allow for proper discovery.

Trustees Gerard Jervis and Oswald Stender in December petitioned the probate court to remove Lindsey, citing unfitness to serve. They also asked an administrator ad litem be appointed to answer Attorney General Margery Bronster's probe into allegations of financial mismanagement and breaches of fiduciary duties by trustees.

Harrison said in court documents that Jervis and Stender's petition for Lindsey's removal is based on court-appointed fact finder Patrick Yim's report. That report was highly critical of Lindsey's stewardship of Kamehameha Schools, but Lindsey has denied wrongdoing. Harrison noted that Yim destroyed the data he collected for his report, and said proper discovery and full evidentiary hearings are needed to ensure fairness.

Ron Sakamoto, Jervis' attorney, said Jervis and Stender oppose any delay to an appointed administrator since trustees have a conflict of interest in responding to Bronster when they themselves are being investigated.

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