LIHUE — The leader of the Atooi nation resolved two cases involving rocks from Hawaiian Homeland and obstruction during Hawaii Superferry protests in 2007. Dayne Aleka Gonsalves, 49, of Kekaha, also known as Alii Nui (king) Aleka Aipoalani of the
LIHUE — The leader of the Atooi nation resolved two cases involving rocks from Hawaiian Homeland and obstruction during Hawaii Superferry protests in 2007.
Dayne Aleka Gonsalves, 49, of Kekaha, also known as Alii Nui (king) Aleka Aipoalani of the Polynesian Kingdom of Atooi, said continuing to fight the 6-year-old cases was counterproductive to his cause of serving the united nation of Polynesia.
“I’ve always known that I am not guilty for anything that we are doing right now because of who I am,” Gonsalves said. “It’s very hard to do things in this court because this court doesn’t recognize my jurisdiction at this time.”
Private attorney Daniel Hempey represented Gonsalves in the first case, where he was arrested for using his truck to block a road in the area of the Superferry protest in July 2007. He pleaded not guilty and was arrested again in October 2007 after presenting his federal marshal badge for the Kingdom of Atooi at a county meeting related to a proposed development on burial grounds.
Court-appointed attorney Scott Kessinger represented Gonsalves in the second case involving an amended charge of unauthorized removal, displacement or disposal of up to 10 yards of rocks from Hawaiian Homelands.
Gonsalves was arrested July 1, 2011, on a complaint dating back to 2008 when he allegedly removed rocks that were the property of the Department of Hawaiian Homelands. He argued that the rocks are “poison aina,” or toxic waste that presents a danger to the area.
Gonsalves resolved the cases with a no-contest plea and without an admission of guilt.
Judge Kathleen Watanabe said the court held lengthy meetings with all the attorneys to find a way to resolve the cases fairly. In the end, she fined the defendant $250 in each of the two cases.
Prosecuting Attorney Justin Kollar said he is pleased that the parties reached a resolution in an old case, and that the defendant has accepted a measure of responsibility for his actions. Despite many references in the case, he said that international and federal laws did not play a role in the agreement.
“Cases tend not to improve with age, and we simply felt it was time to put this 6-year-old case in the rear-view mirror,” Kollar said.
The United Nations now recognizes Atooi as an indigenous, sovereign nation with its own currency as part of the T-MAK Polynesian nations. Atooi is the original name of Hawaii, and Gonsalves claims they are closing on 30,000 people who now declare themselves as citizens of the Polynesian nations.
“Mr. Gonsalves has been active at the United Nations in New York, which recently conducted a press conference to introduce the Nation of Atooi and the return of its currency,” Hempey said. “Dayne is looking forward to getting on with his work at the UN and for this reason he agreed to plea to substantially reduced charges and pay a nominal fine.”
Badge not returned
On Tuesday, Hempey made an oral motion to have the Atooi Fedearl Marshal’s badge returned to Gonsalves. He said Gonsalves was not impersonating a law enforcement officer of the state of Hawaii, but as a legally entitled officer in the Kingdom of Atooi.
County Deputy Prosecuting Attorney Melinda Mendes objected to the return of the badge, noting that it was evidence in the case involving a co-defendant that was not yet resolved.
The court was silent on the badge issue.
Kollar said after the hearing the release of any evidence would be handled as it would in any other case. He is hopeful that the remaining charges against the co-defendant will be resolved soon.
“Our office does not consider the badge itself to be contraband, but nor do we regard it as a valid symbol of law enforcement authority in the state of Hawaii,” Kollar said.
