KEALAKEKUA — Two of the men involved in the “Freedom Ride 2016” — where activists drove without licenses or registration in protest of what they consider an infringement of their rights — were arrested on contempt of court charges Thursday.
The arrest came after a bizarre scene where the defendants said the laws of the court didn’t apply to them, just as the rules of the road don’t.
It started when Paul Komara, one of the organizers of the event, was in court on charges of driving without a license plate, delinquent vehicle tax, driving without a license and no current safety check for the vehicle. Those citations were issued March 4 in Ka’u, while the “Freedom Ride” was Jan. 2.
With him in court on Thursday was William Gilroy, who was issued citations alleging no driver’s license, no insurance and similar offenses, and was wanted on a contempt of court warrant for missing a hearing in his case.
Both challenge the idea that most laws do not apply to them, because of an interpretation of the U.S. Constitution not recognized by the U.S. courts.
When Komara was called to come forward to the defendant’s desk, he refused to leave the gallery.
“I don’t feel you have jurisdiction over me,” he said.
After a few more words, District Court Judge Margaret Masunaga called a recess and left the courtroom, and Komara continued speaking. He said his expert witness was injured in a car accident, leading to the request for continuance.
He called his appearance in court on Thursday a “courtesy visitation,” as he rejects the idea Hawaiian or federal courts have jurisdiction over them.
He continued speaking to the courtroom, demanding that someone come forward with a claim. The staff did not.
As his statement began to wind down, the clerk buzzed Masunaga to return to the courtroom. The clerk asked Komara to quit speaking so they could call the case again. He did not, and the case was called despite Komara still speaking.
Shortly after she was seated, with Komara still talking, Masunaga said “if anyone is recording, they need to stop.”
In Hawaiian courts, cameras and voice recorders need to be approved before they can be used in court. This was apparently directed toward Gilroy, who was recording the event with his cellphone. He was removed from the courtroom by a sheriff’s deputy.
With her voice largely washed out by Komara’s, Masunaga attempted to continue the case. She finally ordered a $750 contempt of court warrant in the case and put the court into recess again. Gilroy’s warrant for missing an earlier court date was $150.
Komara continued speaking, claiming the courtroom was now his.
“Mr. Bailiff, am I free to leave?” he asked.
“You’re free to do whatever you want, sir,” the bailiff replied.
Komara and Gilroy left and sat outside while the court advanced to the driving without a license case of Christopher Lee Huber. Huber, as luck would have it, also disputed that the state could restrain his ability to drive on public roads, the idea that triggered the “Freedom Ride.”
While that case was continuing, Komara and Gilroy were being arrested outside the doors of the district court. Komara began arguing with the deputies before the arrest, saying they were serving as part of a corrupt system.
Gilroy was able to make bond from the courthouse. Komara was taken to jail on the contempt of court charge and appeared in Hilo on Friday. The defense argued for release on his own recognizance. The judge decided on supervised release and directed he check in at the Intake Service Center.
Komara is due in court 8:30 a.m. June 6 for his trial.
