Letter attesting to Uncle Hansie’s ‘good character’
A HANDWRITTEN letter attesting to the “good character” of the former owner of the defunct Shadows Pub and Grill, Hansie Galloway, has been handed in as evidence ahead of sentencing that is expected to take place next month.
Galloway was found guilty of sexually assaulting a five-year-old girl during 2014 and 2015.
The girl was living with him in Douglas at the time of the incidents as he was involved in a relationship with her mother.
The State has advised that Galloway should be handed a fine and a suspended sentence.
During pre-sentencing procedures in the Sexual Offences Court in the Kimberley Magistrate’s Court this week, the State prosecutor, advocate Sipho Lalane, expressed his reservations over the content of the letter that was written by the complainant.
“The letter seems to exonerate the accused,” said Lalane.
In the letter, the child related that her family were unhappy that her mother was involved in a relationship with Galloway.
“I was heartbroken that my daddy died and I am still heartbroken that my brother and I had to go and live with our aunt and grandmother. It was unpleasant because there was a lot of fighting. They wanted my brother and I to lie and to also tell lies on behalf of my grandmother and aunt. They also said that Galloway’s sons touched me inappropriately … although it was never like that.
“I am very happy to stay with Mommy and Uncle Hansie. I am not afraid of him - he takes good care of us and takes us to school every day. I never have to worry
about anything, or worry about where my next meal will come from. Our grandmother chased us away. Uncle Hansie told us that we could stay with him. I can laugh and play and I don’t have to stress. We started growing a big vegetable garden. I attend Newton Primary and I have lots of friends at school.”
Lalane pointed out that Galloway had breached a relationship of trust that he shared with the child.
“He fulfilled the role of a parent and the way that he treated the child was unbecoming. It was an insult to her integrity when he urinated on the hand of the five-year-old child and touched her private parts. This is while he maintained his innocence throughout the trial.”
Lalane added that Galloway had “disgraced himself”.
“His integrity and respect have been placed into disrepute for the rest of his life. He is working as a subcontractor and at some stage he would want to have a formal business while the accusations against him will resurface.”
Lalane noted that while Galloway’s previous convictions were more than 10 year’s old, it pointed to a history of assault and destruction of property.
“We have taken note of his personal circumstances. He is employed, he looks after his father and has children.”
He did not advise for a term of direct imprisonment and recommended that Galloway be handed a suspended sentence and a fine.
“If he fails to pay the fine. The sentence must act as a deterrent he must even think twice before he touches his girlfriend.”
Galloway’s legal representative, advocate Marcus Mafaro, believed that his client had been unfairly portrayed as a “violent person”.
“If someone goes to prison, society cannot hold his transgressions against him forever. The person should be respected for serving time. My client even paid an admission of guilt fine,” said Mafaro.
He indicated that the complainant and her family had since moved to Postmasburg.
He also requested the provision of the victim impact assessment report and probation officer’s report.
Kimberley magistrate Quavashni Nulliah referred the complainant to a social worker for investigation and further remedial action.
She extended Galloway’s bail and he was warned to reappear in court on October 25.