The former owner of the now-defunct Shadows Pub and Grill, Johannes ’Hansie’ Galloway, has been found guilty of two charges of sexually assaulting a five-year-old girl in 2014 and 2015.
THE FORMER owner of the now-defunct Shadows Pub and Grill, Johannes “Hansie” Galloway, has been found guilty of two charges of sexually assaulting a five-year-old girl during 2014 and 2015.
Judgment was handed down in the Kimberley Sexual Offences Court this week. Galloway had pleaded not guilty to the charges.
The incidents took place in Douglas where Galloway violated the child by touching her private parts without her consent and also made her touch his genitals.
The court also found him guilty of threatening the girl not to tell anyone, where he offered her R10 and a lollipop in exchange for her silence following the first incident that occurred in October 2014.
The girl was living with Galloway at the time of the incident as her mother was in a relationship with him.
In his plea agreement, Galloway stated that he was involved in a “rocky relationship” with the girl’s mother.
“She wanted us to be a family and was obsessed with making me treat her children in the same manner as I treated my two sons. She wanted to hold onto something that she could use against me if I ended the relationship. The child was used to break up our relationship.”
He indicated that both the paternal and maternal families of the complainant did not approve of his relationship with the girl’s mother. “They would try their utmost to have me arrested.”
Galloway explained that he ended the relationship in July 2015 after the girl accused his son of raping her.
“We drove to Kimberley and the medical report stated that no rape or molestation had occurred and the case was closed.”
Galloway added that the girl had also accused her biological father of molesting her.
“I advised the mother to take the child to a psychologist. I decided to rather end the relationship. In 2015, the girl’s mother begged me to try again and we would meet in secret at a guest house where she worked in Bloemfontein. The allegations of sexual assault were made against me shortly after we moved back in together.”
He stated that during the first incident, the girl was lying on the bed with him and her mother. “I was never alone with the child, there was always another person, such as my sons or the girl’s mother, present.”
Magistrate Nulliah found the girl to be a credible and competent witness.
She disputed Galloway’s claims that the complainant was manipulated into orchestrating the charges against him in order to end the relationship with her mother.
“Her testimony was not exaggerated and she never took the opportunity to bad-mouth the accused.”
Nulliah highlighted the “lack of trust” the girl had in her mother.
“She only approached her grandmother about the rape allegations against the son of the accused after the accused had touched her indecently.”
Nulliah added that the complainant had told the court that she was hiding under the bed with her brother and eating sweets.
“She did not know that Galloway would catch her under the bed. She was unsure where her brother was at the time of the incident. She indicated that her brother had a better idea of why they did not have a good relationship with Galloway. The complainant stated that, at the time, she did not know that her mother and the accused were in a relationship.”
Nulliah stated that the girl testified that her mother was in the bathroom when the accused told her to climb onto the bed.
“She climbed under the blankets while she was wearing her pyjamas.
“She demonstrated on a doll how the accused touched her above her genitals, below her abdomen, between her stomach as well as her private parts. She did not point towards him touching her genitals.
“She told her mother what had happened and how the accused offered her money and a lollipop if she did not tell anyone. She informed her mother that this was not the first time that he had touched her inappropriately.”
Nulliah added that the girl had told the court that during the second incident Galloway had urinated on her hand and had also instructed her not to tell anyone.
“The girl explained that he closed her eyes, rubbed her private parts and made him put her hand on his penis.”
She believed that the girl’s mother, as well as her aunt, corroborated her testimony.
“The girl’s mother told the court that she was in the bath when she noticed movement under the duvet at the time of the incident. She learnt about what had happened when she asked the complainant the following day.
“She never reported the incidents to the police.”
Nulliah pointed out that the girl’s mother refused to believe that Galloway was capable of sexual assault.
“She later testified that in hindsight the warning signs were there all along.”
She noted that the girl’s mother was trapped in a “toxic relationship” with Galloway.
“She was a conflicted person who was torn in a tug of war between the accused and her children. It was evident throughout the trial that the animosity of the relationship extended to the maternal and paternal families.”
Nulliah was not impressed with the testimony of Galloway, whom she indicated, relied on a conspiracy theory that he was the victim of lies that were fabricated against him.
“The defence relied on the fact that the charges were opened three months after the incident had taken place. The mother never laid charges against the accused. A case was reported to the police in November 2015 by the grandmother who was advised to do so by a social worker.”
She noted that according to Galloway the girl was “crying wolf” as she had also accused her biological father of molesting or raping her.
The children are currently in the care of their grandmother.
Nulliah postponed the matter for sentencing on September 8 and extended Galloway’s bail.
The State is being represented by advocate Sipho Lalane, while advocate Marcus Mafaro is the legal representative for Galloway.
