{"id":2910,"date":"2015-03-27T22:53:41","date_gmt":"2015-03-27T22:53:41","guid":{"rendered":"http:\/\/hawaiiankingdom.org\/blog\/?p=2910"},"modified":"2015-03-29T01:23:42","modified_gmt":"2015-03-29T01:23:42","slug":"state-of-hawaii-judge-rules-hawaiian-kingdom-still-exists","status":"publish","type":"post","link":"https:\/\/hawaiiankingdom.org\/blog\/state-of-hawaii-judge-rules-hawaiian-kingdom-still-exists\/","title":{"rendered":"State of Hawai\u2018i Judge Rules Hawaiian Kingdom Still Exists"},"content":{"rendered":"

PRESS RELEASE<\/strong>
\n FOR IMMEDIATE RELEASE<\/strong>
\n March 27, 2015<\/strong><\/p>\n

Maui Circuit Court Judge takes Judicial Notice that the Hawaiian Kingdom still Exists and State of Hawai\u2018i Courts lack Subject Matter Jurisdiction<\/strong><\/p>\n

HONOLULU, HAWAI\u2018I\u2014Today, Dexter K. Kaiama, attorney for Kaiula Kalawe English and Robin Wainuhea Dudoit, filed a petition for a writ of mandamus with the Hawai\u2019i Supreme Court in Honolulu seeking an order to compel Judge Joseph E. Cardoza to dismiss the \"Judge_Cardoza\"<\/a>criminal cases against his clients because Judge Cardoza took judicial notice that the Hawaiian Kingdom continues to exist, which admits that the State of Hawai\u2018i did not have subject matter jurisdiction over the arrests and criminal proceedings. Judge Cardoza refused to dismiss the criminal complaints despite taking judicial notice that the court does not have subject matter jurisdiction.<\/p>\n

Click\u00a0here<\/span><\/strong><\/a>\u00a0to download the Petition for Mandamus.<\/p>\n

English and Dudoit were two of four Molokai fishermen alleged to have boarded another fishing boat from the island of O\u2018ahu off the coast of Molokai and threatening those on board. The Associated Press<\/a> reported, \u201cSome Molokai residents are hailing four arrested fishermen as heroes for protecting their island\u2019s resources from outsiders.\u201d Hanohano Na\u2018ehu said after the arraignment where all four fishermen pleaded not guilty, \u201cThis happening is a great way to highlight that people have been coming from different islands to Molokai to rape, pillage and raid our resources for the longest time.\u201d He also stated, \u201cFor us on Molokai, these four individuals are heroes. All they were doing was protecting the resources for our families, for our communities, for our island.\u201d<\/p>\n

\"Dexter_Kaiama\"<\/a>Kaiama filed a motion to dismiss the criminal cases against his clients on February 6, 2015, and an evidentiary hearing was held in the Second Circuit Court in Wailuku, Island of Maui before Judge Cardoza on March 5. Kaiama\u2019s motion to dismiss relied on the research and expertise of David Keanu Sai<\/a>, Ph.D., a Hawai\u2018i political scientist, whose research is focused on the continued existence of the Hawaiian Kingdom as an independent state. Included in Kaiama\u2019s motion to dismiss was an extensive legal brief authored by Dr. Sai.<\/p>\n

Kaiama\u2019s motion to dismiss centered on two precedent cases from the Hawai\u2018i Intermediate Court of Appeals (ICA), State of Hawai\u2018i v. Lorenzo<\/em><\/a> in 1994 and Nishitani v. Baker<\/em><\/a> in 1996. These cases stated that if defendants are challenging the jurisdiction of the court by claiming the Hawaiian Kingdom continues to exist today as an independent state, they have a burden to provide \u201ca factual (or legal) basis for concluding that the Kingdom exists as a state.\u201d If defendants are successful in providing conclusive evidence, the trial court must dismiss the case.<\/p>\n

The Lorenzo<\/em> case came on the heels of the United States Congress passing a law<\/a> in 1993 apologizing for the illegal overthrow of the government of the Hawaiian Kingdom by the United States on January 17, 1893. In light of the admitted illegality by the United States, the ICA stated in the Lorenzo<\/em> case, that the \u201cillegal overthrow leaves open the question whether the present governance system should be recognized.\u201d<\/p>\n

Since 1994, this has been an open legal question and the Hawai\u2018i courts have repeatedly denied motions to dismiss because the defendants have failed to provide conclusive evidence of the Hawaiian Kingdom\u2019s existence as a state under international law. These decisions have been routinely confirmed on appeal.<\/p>\n

\"Dr.<\/a>At the March 5 hearing on the island of Maui, Dr. Sai was acknowledged as an expert witness for the defense by Judge Cardoza without objection from the Deputy Prosecuting Attorney Lloyd Phelps.<\/p>\n

Click\u00a0here<\/span><\/strong><\/a>\u00a0to download the transcript of the Evidentiary hearing, which is Exhibit “4” of the Petition for Mandamus.<\/p>\n

After being qualified as an expert witness, Kaiama asked, \u201cDr. Sai, based on all of your research, based on your background and your education and this specialty, you understand that on behalf of my clients I am bringing a motion to dismiss for lack of subject matter jurisdiction?\u201d Dr. Sai responded, \u201cYes.\u201d<\/p>\n

Kaiama then asked, \u201cBased on all of your research and your expertise in this area, Dr. Sai, have you reached any conclusions about this, and can you tell us what your conclusions are?\u201d In response, Dr. Sai stated, \u201cthe Court would not have subject matter jurisdiction as a result of international law.\u201d<\/p>\n

Kaiama then followed up with, \u201cAnd if you can explain or perhaps expand on that explanation and tell us why the Court does not have subject matter jurisdiction in this case?\u201d For the next thirty-five minutes Dr. Sai provided a historical and legal narrative that began when Great Britain and France jointly recognized the Hawaiian Kingdom as an independent state on November 28, 1843, to the current situation of the Hawaiian Kingdom being occupied by the United States today since the Spanish-American War in 1898. Dr. Sai presented facts, law and other evidence that the Hawaiian Kingdom as a state was never extinguished by the United States, and, therefore, by a principle known in international law as the presumption of continuity<\/a>, the Kingdom still exists.<\/p>\n

At no time did Deputy Prosecutor Phelps object to Dr. Sai\u2019s expert testimony and when Judge Cardoza asked if the prosecution had any questions for Dr. Sai after Kaiama concluded his questions, Phelps stated, \u201cYour Honor, the State has no questions of Dr. Sai. Thank you for his testimony. One Army officer to another, I appreciate your testimony.\u201d Dr. Sai did state that he was a retired captain from the Army. Prosecutor Phelps served as a former Army Staff Judge Advocate officer.<\/p>\n

After Dr. Sai\u2019s testimony, Kaiama requested Judge Cardoza to take judicial notice of all the evidence of the Hawaiian Kingdom\u2019s existence, which included Dr. Sai\u2019s written brief.\u00a0When Judge Cardoza asked, \u201cWhat\u2019s the prosecution\u2019s position?\u201d The prosecution responded, \u201cNo objection, your Honor.\u201d Judge Cardoza then stated, \u201cthere being no objection, the Court will take judicial notice as requested.\u201d<\/p>\n

Click\u00a0here<\/span><\/strong><\/a>\u00a0to download the Dr. Sai’s legal brief titled\u00a0“The Continuity of the Hawaiian State\u00a0and the Legitimacy of the acting Government of the Hawaiian Kingdom,<\/em>” which is a part\u00a0of Exhibit “1”\u00a0of the Petition for Mandamus.<\/p>\n

\u201cOnce judicial notice was taken of the evidence that the Hawaiian Kingdom continues to exist as a state, it is considered indisputable and true,\u201d according to Kaiama. \u201cJudicial notice is a very significant ruling on evidence and when the court took judicial notice, it said that it is conclusive that the Hawaiian Kingdom exists,\u201d said Kaiama. \u201cAnd according to the precedent cases of State of Hawai\u2018i v. Lorenzo<\/em> and Nishitani v. Baker<\/em>, the trial court was compelled to dismiss the criminal cases against my clients.\u201d<\/p>\n

\"Williamson_Chang\"<\/a>\u201cThis is the first time that a judge has taken judicial notice\u2014meaning he has accepted under the Rules of Evidence, without protest, the whole set of findings that lead to the conclusion that the Hawaiian Kingdom exists,\u201d said Williamson Chang<\/a>, a senior law professor at the University of Hawai\u2018i Richardson School of Law. \u201cThis is groundbreaking.\u201d<\/p>\n

\u201cThe point is that judicial notice is a finding that acknowledges \u2018the sun rises in the East,\u2019\u2014a judge cannot therefore, in his decision deny this fact he took notice of and say, \u2018I find that the sun rises in the West,\u2019\u201d explained Professor Chang. \u201cThe Court\u2019s acceptance of the offered facts under the doctrine of judicial notice and the Court\u2019s decision to not grant the motions to dismiss are clearly at odds. As such, attorney Dexter Kaiama was required to file a petition for mandamus to compel the judge to correct his ruling.\u201d<\/p>\n

In the petition for mandamus, Kaiama called the decision by Judge Cardoza a violation of common law and Hawai\u2018i\u2019s plain error doctrine. In the petition plain error is defined as seriously affecting \u201cthe fairness, integrity, or public reputation of judicial proceedings, to serve the ends of justice, and to prevent the denial of fundamental rights.\u201d The petition is seeking an order from the Hawai\u2018i Supreme Court directing Judge Cardoza to immediately dismiss the criminal complaints against his clients.<\/p>\n

\u201cThe trial court cannot disregard twenty-one years of Hawai\u2018i case law,\u201d said Kaiama. \u201cIn 1994, the Intermediate Court of Appeals provided keys to the door as to whether the Hawaiian Kingdom continues to exist, and in 2015, with keys in hand, we unlocked and pushed wide open that door by conclusively proving the Hawaiian Kingdom does exist.\u201d<\/p>\n

https:\/\/vimeo.com\/122847682<\/p>\n

###<\/p>\n

CONTACT<\/strong>: Dexter K. Kaiama, Esquire<\/em>
\nPhone: (808) 284-5675
\nEmail: cdexk@hotmail.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

PRESS RELEASE FOR IMMEDIATE RELEASE March 27, 2015 Maui Circuit Court Judge takes Judicial Notice that the Hawaiian Kingdom still Exists and State of Hawai\u2018i Courts lack Subject Matter Jurisdiction HONOLULU, HAWAI\u2018I\u2014Today, Dexter K. Kaiama, attorney for Kaiula Kalawe English … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,5],"tags":[],"class_list":["post-2910","post","type-post","status-publish","format-standard","hentry","category-international-law","category-national"],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p31YBQ-KW","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/2910","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/comments?post=2910"}],"version-history":[{"count":11,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/2910\/revisions"}],"predecessor-version":[{"id":2924,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/posts\/2910\/revisions\/2924"}],"wp:attachment":[{"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/media?parent=2910"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/categories?post=2910"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hawaiiankingdom.org\/blog\/wp-json\/wp\/v2\/tags?post=2910"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}