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2003-07-28 TBLASMAN (6)
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2003-07-28 TBLASMAN (6)
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VITOUSEK:And youÓve selected the point outside the wall because it, because it <br />enables you to require a more, a more unusual planting screen, isnÓt that correct? <br />YUEN:I disagree with the way youÓre asking the question, because it implies that <br />IÓm doing this to make life difficult for the Blasman property owner. IÓm not making, <br />IÓm not doing this to make this difficult for them. IÓm doing this to protect the view of a <br />person that may, in looking at the Keakealaniwahine site, go completely around the wall <br />and look at all parts of the wall. If, and thatÓs the only reason for doing it. It does, it is <br />the point that if you use a different point, itÓs easier to do the landscaping. If you assume <br />that nobody ever has to go or ever wants to go to that part of the wall, then it is easier to <br />do the landscaping. <br />VITOUSEK:I guess what I was interested in was whether there is any basis on the <br />evidence of this contested case for you to conclude that people would be in that location <br />and would exercise cultural practices in that location? <br />YUEN:Well, I donÓt think thereÓs any testimony of that. People see this as a <br />particularly important spot. Right now I have to say that if you go there, you definitely <br />feel awkward. When I went there, I went around, completely around, and I came out, and <br />I came to this spot. And you feel awkward about being there because youÓre looking at <br />the back of someoneÓs house. So, and I think Pua Kanahele testified to something like <br />this. I think thatÓs the experience that anyone would have. <br />As to whether, just a moment, if I could look at the site map. KekahunaÓs map does show <br />what is labeled as the entrance being a point three feet wide at the middle of the south <br />wall, that is this wall facing the Blasmans, which would be directly across from the <br />Blasman property. My, I canÓt remember from our examination whe <br />gap in the wall at that point. I have to say that if that was the entrance there in, if thatÓs <br />what Kekahuna identified as the entrance in the 1950s and if thereÓs a gap in the wall <br />now, itÓs very likely that that would be the point that people would use to go into, into the <br />Pkiha, if that were allowed by the State in the long-term access management of the <br />place, or for cultural practitioners who are going in to have a ceremony. <br />He also, the map also doesnÓt show any other gaps in the walls. There are sloped down <br />places. I donÓt, IÓm, this would be a good point for somebody to look at. I donÓt recall <br />there being any other obvious entrances in the wall. I did go in. I went in through a place <br />where the wall had sloped down, but it was not, itÓs not a designed entrance. <br />I think that thereÓs no question that in the time of this historical use, obviously there was <br />an entrance. There was a passage way through the wall. And thatÓs that, all I can say is <br />from whatÓs on this map, the entrance was directly across from the Blasman property. <br />VITOUSEK:The, so your testimony is that, that cultural, if that is the only entrance, <br />then cultural practitioners would use that to gain access to the site, is that correct, to the <br />Pkiha? Has there been any testimony to that effect in the contested case? <br />32 <br /> <br />
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