Protesters seek to halt Ward shops construction

A group of protesters calls for a stop to the project after more sets of remains are found

Controversy over the Ward Village Shops project site is growing more heated as the number of sets of native Hawaiian remains has gone from 11 to 47.

A small group of protesters in front of the construction site yesterday morning called for a stop to the project in light of the new information.

The developer, Chicago-based General Growth Properties Inc. should have completed a more comprehensive survey before proceeding with the project, they said.

"It's clearly a significant concentration, and likely a burial ground," said Moses Haia, attorney for Native Hawaiian Legal Corp.

At least five of the new remains are of infants or youths, according to Haia.

The 6-acre site is expected to be home to Hawaii's first Whole Foods Market, with a 17-story rental housing tower above it, additional retail shops and a parking garage.

General Growth has set the $100 million project's expected completion date for 2008.

Paulette Ka'anohi Kaleikini, one of the cultural descendants and plaintiff in a suit against General Growth filed by the Native Hawaiian Legal Corp., was angry over the new finds.

Kaleikini said she had requested a site visit, but never got a response from the state.

"This revelation changes everything and erodes the very foundation of the prior archaeological work on which the OIBC relied," she said. "My ancestors have been completely disrespected by this flawed process."

She said state law requires disclosure of the additional sets to the Office of Hawaiian Affairs and burial council members, but that has not been done.

"Here we go again," said Eddie Halealoha Ayau, also a protester. "I feel like I'm at Wal-Mart all over again."

Ayau, leader of Hui Malama I Na Kupuna, is a cultural descendant of the iwi found at the Keeaumoku Wal-Mart, most of which are tied up in legal proceedings.

The activist in late 2005 was sentenced by a judge to prison for not disclosing the location of 83 items on loan from the Bishop Museum. The group had reburied the items in a Big Island cave, according to ancestors' wishes, it said.

Haia said he learned of the additional 36 sets at the deposition of departing state assistant Oahu archeologist Adam Johnson last week.

In April, Johnson reported to the burial council that 10 additional sets had been found while disinterring the other remains, and that there could be more.

Johnson's last day with the division was Friday.

Because the new discoveries are considered "inadvertent" rather than "previously identified," according to Haia, they are under the jurisdiction of the state's Historic Preservation Division.

Melanie Chinen, administrator for the division, could not be reached for comment yesterday.

Dwight Yoshimura, senior vice president of General Growth Properties, said construction is continuing while the company awaits further instruction from the state.

Meanwhile yesterday, the protesters faced a challenge from another person who also claims to be a cultural descendant.

Adrian Keohokalole, a heavy equipment operator working at the site, said at this point it's best to let the development go forward.

He said he's worked at the site since the first iwi were discovered, and that not all of the additional ones are full sets, but bits and pieces.

"What we've done here is appropriate," said Keohokalole. "At this point, we should continue to remove it and take care of it. ... Let's take care of it and move on."

But Kawika McKeague, a burial council member who voted against relocation of the iwi last fall, said the construction should be temporarily halted in light of the new finds.

McKeague, who said he was speaking as an individual, said the council had asked General Growth to come back with design alternatives that would leave the iwi undisturbed, but those alternatives were never presented.

"Had we been privy to more information and had the archaeological survey been more complete, perhaps the decision would have been different," he said.

Since some of the new iwi sets belong to children, he fears that the disinterment has resulted in the separation of families.

"Until we sort out some of the legal issues, and cultural issues as to what is the best treatment of these kupuna, I would call for a temporary halt of construction."

CLARIFICATION Friday, May 4, 2007 » The state considers the new discoveries of iwi, or bones, at the Ward Shops construction site to be "inadvertent" rather than "previously identified," but the Native Hawaiian Legal Corp. disputes the classification. An article on Page C3 yesterday did not make that distinction. Please see the applicable Corrections Page for more information.