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VITOUSEK:I just donÓt want to be in a situation where we get to the end of the <br />hearing and thereÓs a challenge to the fact that a witness offered opinions based on the <br />fact that they werenÓt offered or qualified as an expert witness. And, so, itÓs really more a <br />matter to, you know, preserve the record in that respect. If the presiding officer rules that <br />theyÓll accept the, you know, testimony of the witness as presented and if they, and if the <br />parties want to cross-examine the witness relative to qualifications or other issues so that <br />that can go to the weight that they give the testimony, the weight that the hearings <br />officers give the testimony, thatÓs fine with me. I just donÓt want to have the record <br />challenged based on the witnesses not having been offered as expert witnesses, given the <br />fact that there are opinions in their testimony. <br />GIFFIN:Mr. Torigoe? <br />TORIGOE:What I suggest then is if Mr. Vitousek wants to make that record <br />an offer, then he can do so; and we can hear any objections. But I think, ultimately, you <br />know, you should allow the opinions to come in; and there would be a record as to any <br />objections as well as the offer. <br />GIFFIN:Mikahala? <br />ROY:And precisely the reason for bringing this to the floor at this time is <br />an expert, that title, qualifies the party for extenuating respect in the matter at hand. And <br />IÓm raising questions as far as his thorough knowledge of the property that heÓs working <br />with in the context of the entire Kaluaokalani. <br />GIFFIN:Mr. Torigoe? <br />TORIGOE:Let me just say that I think you all will have opportunity to cross- <br />examine all the witnesses in asking questions that will bring to light any deficiencies that <br />you think need to be brought out regarding their knowledge of the properties. <br />ROY:As long as heÓs not admitted as an expert to the testimony in this <br />proceeding. <br />TORIGOE:Well, I think weÓre not going to be technically doing that. I think <br />weÓre, you know, just allowing Mr. Vitousek to make the request for the record so that <br />nobody can argue later that he didnÓt try. But I donÓt think weÓre going to be technically <br />qualifying anybody as an expert. WeÓll just be allowing them to testify, give their <br />opinions, and youÓll have a full opportunity to question their opinions and the basis for <br />their decision. <br />ROY:Very good. <br />SPRINGER:Madam Chair? <br />GIFFIN:Commissioner Springer? <br />6 <br /> <br />