Hawaiian group claims that court lacks jurisdiction
POSTED: Friday, October 03, 2008
Seven members of a Hawaiian kingdom restoration group refused to enter pleas at arraignment to charges stemming from the takeover of Iolani Palace two months ago, maintaining that the Circuit Court has not established jurisdiction over them.
The members of the Kingdom of Hawaii, Nation, also refused to sign an order barring them from re-entering Iolani Palace, a state property over which they claim ownership. Circuit Judge Derrick Chan issued the order anyway.
The group did not have legal representation, and the hearing was delayed two weeks so the group can find counsel.
James Akahi, Grace Akahi, Wayne Nunes, Waynette Nunes, Terry Kaahanui, Tanya Kaahanui and Vanessa Fimbres have been charged with second-degree burglary for allegedly entering Iolani Palace for an attempted takeover on Aug. 15.
Fimbres said she was appointed counsel by the group's leader, James Akahi, also known as Majesty Akahi Nui.
Fimbres later admitted she is not part of the Hawaii State Bar Association.
“;Part of this process is knowing the rules,”; Chan said.
Fimbres called for a bailiff to give a statement to the judge, who refused it because he is only handling the arraignment.
For several minutes the seven insisted on having Fimbres represent the group. Throughout most of the arraignment hearing, the judge explained the process to the group and recommended they find a lawyer.
Fimbres said a law firm from Montana called the Southside Law Center is interested in representing the group. Chan said the Montana lawyers would need to coordinate with a local attorney anyway to practice in Hawaii.
Fimbres claimed there was an attorney on Maui willing to represent the group, but declined to name the attorney when asked by the Star-Bulletin.
Chan said state Attorney General Mark Bennett has years of experience under his belt and that the group would be at a disadvantage in the case.
The group then refused to enter a plea. Fimbres claimed that the court's jurisdiction over prosecuting the group has “;not been proven.”;
Chan said any jurisdictional issues would have to be taken up by a trial judge.
“;The only issue is to take a plea and assign (the case) out,”; Chan said. “;What do you want? I'm trying to accommodate you folks, but I have a responsibility to keep this calendar moving.”;
The judge continued the hearing to Oct. 16 while the group attempts to retain an attorney.
An eighth member of the group, Donald Love-Boltz, has been charged with second-degree assault for allegedly assaulting the palace's facilities manager. His trial is set for Nov. 10.
After the hearing, group members said the state is infringing on their constitutional right to visit Iolani Palace, which they claim as their own. They also do not recognize the charges filed against them.
“;The court has yet to prove jurisdiction of evidence of ownership over the Iolani Palace ... or over us,”; Fimbres said. “;Our actions are to simply save Hawaii and simply save the people of Hawaii.”;
Fimbres said Akahi's ownership over the palace is being investigated on “;international levels all over the place,”; including the International Criminal Court in the Hague, Netherlands.