Ferry ruling close

After four weeks of testimony, a judge could decide Monday to let the ship restart on Maui

WAILUKU » Maui Circuit Judge Joseph Cardoza could rule as early as Monday on whether the Hawaii Superferry can operate at Kahului Harbor while an environmental study is conducted.

Attorneys representing the Superferry, state government and environmental groups are scheduled to present closing arguments beginning at 9:30 a.m. Monday.

The testimony portion of the hearing ended after four weeks yesterday with John Garibaldi, Hawaii Superferry president and chief executive officer, undergoing cross-examination after testifying Thursday that the Superferry would have to pull out of Hawaii if it cannot operate while an environmental assessment is performed.

Outside court yesterday, attorney Isaac Hall, who represents the three environmental groups seeking the injunction against Superferry, said it was never his intent to drive the company out of business.

"They should have planned accordingly knowing the factors involved," said Hall.

Hall pressed Garibaldi to substantiate claims made Thursday on projected financial losses, deadlines and economic constraints.

Garibaldi has testified that the company had $2.1 million in cash available and was operating at a loss of $650,000 each week.

"At this point the Hawaii Superferry is concentrating on getting services back up," Garibaldi said.

The Superferry Alakai, which can carry about 800 passengers and 250 cars, has sat in Honolulu Harbor since late August after the court challenge on Maui and protesters on Kauai blocked its operations.

After the hearing yesterday, Garibaldi said, "As every day went by, we had tremendous support from the community, and that kept us going. I think people here in Hawaii want to have the service."

Hall raised questions about the company's move to operate even though officials knew that the neighbor island Councils wanted environmental studies done before service started.

"The Hawaii Superferry moved up its start date, lowered fares and stranded a bunch of people" instead of waiting to address environmental concerns raised on the neighbor islands, said Hall.

Deputy Attorney General William Wynhoff, representing the state in the case, said the judge should take into consideration whether Superferry is in the public interest and what is the harm of its operations.

"Time is of the essence," Wynhoff said as he joined attorneys in urging the court to proceed as quickly as possible.

In a separate court case in Honolulu yesterday, U.S. District Judge Helen Gillmor denied a motion to stop the U.S. Coast Guard from creating a security zone around the Superferry while it is at Nawiliwili Harbor in Kauai.

Gillmor ruled against a temporary restraining order to ban the security zone, which the Coast Guard created after protesters in the harbor stopped the ferry from docking on Aug. 27.

Lanny Sinkin, attorney for the 21 plaintiffs, made several arguments against the security zone, including that the Coast Guard used federal laws intended to prevent sabotage, terrorism and subversion to protect a private corporation.

Sinkin said he will file an emergency appeal Tuesday in the 9th Circuit Court of Appeals in San Francisco.