A 52-year-old woman sentenced to prison for brutally abusing five children was allowed yesterday to remain free pending the filing of her appeal in which she plans to argue that state laws do not apply to her because she belongs to a Hawaiian sovereignty group.

State Circuit Court Judge Virginia Crandall sentenced Rita Makekau yesterday to a five-year prison term for abuse of a household or family member and eight counts of second-degree assault.

Makekau's acts of abuse against her sister's children included hitting their heads with knives and cans of dog food, their fingers with metal and wooden spoons and their mouths with a hammer.

Makekau, who claims to be the foreign minister of the Hawaiian Kingdom Government and calls herself Her Highness Kulamika Makekau, heir to the kingdom, pleaded no contest to the charges last month.

Crandall allowed Makekau to remain free on $41,000 bond pending the filing of her appeal that the laws of the state do not apply to her because she belongs to a sovereign government.

“;That's another miscarriage of justice,”; said prosecutor Lori Wada.

Makekau's appeal is to be filed by Dec. 22.

Wada had asked Crandall to sentence Makekau to the maximum prison term for each of the charges and to run them back to back for a total of 41 years. She said the children were angry and upset over the sentence.

The abuse to which Makekau pleaded not contest happened in 2004 and 2005, after the state awarded custody of her sister's children to Makekau's daughter and son-in-law in Waianae. The children were 7 to 14 years old at the time.

Barbara and Gabriel Kalama, Makekau's daughter and son-in-law, pleaded guilty and no contest to abuse and assault charges in August. Crandall is scheduled to sentence them Monday.

The children, three boys and two girls, now 10 to 18 years old, are in foster care with other relatives.

Three of the children were in court yesterday but did not speak at their aunt's sentencing. However, a state social worker and their court-appointed legal guardian read statements from them.

The statements included allegations of abuse for which neither Makekau nor the Kalamas were charged.

“;As you interview, more come up,”; Wada said, “;because these children have no trust in anybody. Then they disclose more and more.”;

They allege that Makekau shoved a broomstick down their throats, held them underwater in the bathtub, pushed them down the stairs and held their hands over flames from the stove.

In their statements, the children said they squealed on each other to save themselves from getting beaten. They said they were made to wear long-sleeve shirts and long pants to school to hide their bruises and scars or were kept home from school.

Makekau has not admitted committing the abuse for which she was charged, claiming that her actions were to discipline the children. “;When we were put here on earth, we are to discipline. The Bible says (not) to spare the rod on your children,”; she told the judge before her sentencing.