On the eve of a critical federal court hearing, four claimants to 83 Hawaiian cultural objects yesterday harshly criticized Hui Malama I Na Kupuna O Hawai'i Nei, which has refused to disclose the items' whereabouts.

"We condemn the shameful, un-Hawaiian behavior of Hui Malama," said Cy Kamuela Harris of Kekumano 'Ohana, reading a statement also on behalf of Keohokalole 'Ohana, Van Horn Diamond 'Ohana and Na Papa Kanaka o Pu'ukohola Heiau.

"This is not a cultural issue. It is a legal struggle for fairness and equality for all Hawaiians, and to restore those legal rights that were violated by Hui Malama," Harris said. "... This is a fight between Hawaiians resulting from Hui Malama's mistaken attitude that it has the authority to make decisions for all Hawaiians and then shove it down our throats."

Hui Malama executive director Edward Halealoha Ayau defended the organization and said the groups in yesterday's news conference became involved as claimants after the items had been reburied and that the consultation process on the case had been going on for seven years.

The statements came a day before members of Hui Malama are scheduled to appear before U.S. District Judge David Ezra to explain why they are refusing to follow his order to disclose the locations of the objects. Hui Malama borrowed the objects from Bishop Museum in 2000 and never returned them. The group said the items, known as the Forbes Collection, have been placed in two Big Island caves at or near where they were taken by westerners in 1905.

Hui Malama members have said their religious and cultural beliefs bar them from revealing the exact whereabouts.

The claimants at yesterday's news conference said they support the efforts of Hawaiian groups Na Lei Ali'i Kawananakoa and the Royal Hawaiian Academy of Traditional Arts, which sued Hui Malama to force the return of the objects until claimants can agree on where they should go.

The groups also said it applauds "Judge Ezra's fairness and implore him to protect our rights."

The groups yesterday accused Hui Malama of not cooperating with other claimants in the matter and said the artifacts should be removed and preserved to prevent them from being stolen.

Each of the claimants have the right to inspect and classify the objects and provide their opinion on what to do with them, said Van Horn Diamond.

"The families may have their own spirituality and their own traditions to evaluate and ... to determine whether they should be repatriated or not and to whom," he said.

The Native Hawaiian Legal Corp., which represents Hui Malama, has said the organization believes the caves are sealed and secure. Ayau said Hui Malama believes the caves are the proper places for the objects.

"If it doesn't bother them that the graves of these kupuna will be disturbed in order to remove their possessions, the moepu, then I think that's very indicative of the mindset of these organizations," Ayau said of the groups at yesterday's news conference.

"Even if we were wrong, if Hui Malama's wrong in what we did, the result is we put them back where the ancestors put them. If these folks are wrong and say put them in Bishop Museum, well then, they put them somewhere the ancestors did not want them to be."

Ayau said he respects others' right to be critical and noted that Hui Malama has been repatriating Hawaiian remains for 16 years.

Harris called Hui Malama "first and foremost a business entity that was formed to take advantage of monies available as the result of NAGPRA (Native American Graves Protection and Repatriation Act)."

Alan Murakami, litigation director for the Native Hawaiian Legal Corp., said Hui Malama is a nonprofit group. "Mr. Ayau is not being paid," Murakami said. "None of the board members are being paid. They have no assets to speak of — they have a computer system, I think. We are talking about a grassroots nonprofit entity that have dedicated themselves for 16 years of work."

Ayau questioned whether Na Papa supports the return of the cultural objects and said its president, Ma'ulili Dickson, made a written statement Dec. 2 that any grave artifacts be left in place until the parties involved reach an agreement.

Mel Kalahiki, who said he is a royal adviser of Na Papa, yesterday said that statement was inaccurate and was made without consultation with him or the group's council of chiefs. Dickson could not be reached for comment yesterday.

Hui Malama also doesn't recognize Na Lei Ali'i Kawananakoa as a claimant.

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com.