HILO >> A hearings officer on the Big Island says a Waimea man should not be allowed to testify on behalf of a guardian spirit in a case contesting the construction of a giant telescope on Mauna Kea.

Hawaii Tribune-Herald reported Monday Paul Aoki found Mauna Kea’s guardian spirit is not legally a person and has no standing in the case.

A Waimea couple argues the spirit should be part of the proceedings to contest the construction of the Thirty Meter Telescope because she lives on the land and the project would directly affect her.

E. Kalani Flores says he is authorized to speak on her behalf.

The state Board of Land and Natural Resources is to vote on Aoki’s recommendations at a meeting Thursday in Honolulu.

The board approved the University of Hawaii’s plan for the telescope in February.