Hui Malama I Na Kupuna 'O Hawai'i Nei, one of two parties sued in the case involving cultural items from Forbes Cave, is facing a cross-claim by codefendant Bishop Museum, which is alleging a breach of contract.

The museum is asking that the U.S. District Court indemnify it from liability and that Hui Malama, a Native Hawaiian organization dedicated to repatriating human remains, pay any expenses the museum is incurring.

At issue are 83 sets of cultural objects, many of which are believed to have been taken from Forbes Cave and other nearby caves in the 1900s. They had been in the possession of the museum but lent in February 2000 to Hui Malama "pending completion of ... repatriation."

At the time, the items were the subject of a repatriation action under the guidelines of the Native American Graves Protection and Repatriation Act.

The term of the loan was for one year, museum attorney LindaLee K. Farm said in court documents. The museum recalled the items shortly after the loan was made "upon learning that some of the other then recognized claimants had not given Hui Malama authority to act on their behalf," court documents said.

"Despite repeated recalls of the loan ... and requests that it return the items, Hui Malama refused and still refuses to return the items to Bishop Museum," the documents said.

Hui Malama officials have stated repeatedly that they have placed the items in Forbes Cave, also known as the Kawaihae Caves Complex, either where they came from, or near where they came from, and that they consider the items repatriated.

Alan Murakami of the Native Hawaiian Legal Corp., which is representing Hui Malama, said he was puzzled by the cross-claim filed in court Tuesday, noting that the museum had itself declared the items repatriated.

"If they, in their own words, are saying that (repatriation) is over and that it's complete, how can they allege breach of contract today?" Murakami said.

Farm said the museum does not view the repatriation process complete, noting that it moved away from its initial retraction relatively quickly.

"We loaned the items to Hui Malama, they didn't return them," she said. "Legally, they're obligated to return them, especially if we recall the loan and say 'please give them back to us.' "

Last year, Na Lei Alii Kawananakoa and the Royal Hawaiian Academy of Traditional Arts sued the museum and Hui Malama for the return of the items, alleging that repatriation of the items had not occurred under guidelines set forth. Those two groups, like Hui Malama, are among the claimants in the NAGPRA process.

Trial is set for Sept. 26 before U.S. District Judge David Ezra. Hui Malama has refused to follow court orders demanding that the items be returned pending the trial. The court has ordered the items retrieved, with or without Hui Malama's cooperation.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com.