Human Rights Violation Hearings — Kimberley — 1996-06-11

REUBEN GALLANT: Well, I don't actually know where to start to tell you.  When I was still at school it was actually more than a problem then because I couldn't read properly.  If I tried to read then I would get a terrible headache the next day and my eye would ache and  I was virtually living on pain killers and I never experienced the same freedom in my community, I couldn't joke and talk like I use to.  
I am the Chairman of the ANC, I am still involved but it's not the same as it was before.  And sometimes you'd meet somebody and  you'd see them actually sort or wiping over his eye simply because they - they noticed my artificial eye.  It's pure instinct for somebody to actually touch or wipe his eye and that really hurts me.  And sometimes people would call me one eye,  they - they didn't actually mean to hurt, they would just make a joke but still it does hurt.   And the loss of my eye actually - it's very difficult for me to explain to you what it - what it meant to actually loose my eye.  I'm struggling to explain it.

YASMINE SOOKA: Please tell me - I'm not trying to make it worse for you but if you could tell us before this time that you lost your eye, were you a sportsman, where you very active?

REUBEN GALLANT: Could you please repeat the question?

YASMINE SOOKA: Before you lost your eye, were you a very active person, did you like to play sports and could you tell us whether you're able to do any of those things now?

REUBEN GALLANT: Yes, I loved sports.  I was involved in sport, took part in sport and I played soccer -  [indistinct]  but after loosing my eye it's very difficult to play sport like before because most of the time you only have vision on the one side of your face, you could see people for instance approaching from the left but not from the other side and then you can hurt yourself or them.

YASMINE SOOKA: Can you tell me whether your currently employed?

REUBEN GALLANT: No, I'm not employed at the moment and I'm still living with my father  he supports me.

YASMINE SOOKA: Did Mr Fletcher ever tell you why the Attorney General declined to prosecute?

REUBEN GALLANT: It was written on the documents but from my understanding there wasn't enough evidence to continue with the case.

YASMINE SOOKA: I want to read you something.  We obtained this file from the National Peace Convention.  I'd like to read you a letter from a Mr MA Fletcher and it says  
I refer to the above and to my letter dated the 15th of December 1995.  I wish to advise that I have received a copy of the docket relating to the incident where in you were shot.  I wish to advise that I have read all the statements in the particular docket and it appears that the investigation undertaken in this regard was a full, fair and complete investigation.
Having regard to the statements included in the particular docket it appears that there were opposed versions.  That of yourself and your witnesses and of the policemen involved in the incident.  It appears that the Attorney General elected to except the version of the policemen.  And in a letter dated the 8th of July he refused to prosecute.
A copy of the Attorney General's letter is enclosed for your information.
It would seem as if   [indistinct]  so many witnesses came forward on your behalf that because the policemen's versions said that you were trying to attack him with a spade and because there were two different versions on his file, that he then declined to prosecute.  Did they explain it to you like this?  Did they explain to you why the case was not continued with?

REUBEN GALLANT: They did not.

YASMINE SOOKA: I see, Reuben can you tell us what you expect from the Truth Commission?

REUBEN GALLANT: I don't really know how to say what I expect and what ever happens I will always have this pain with me.  The thought  that will always remain with me and always haunt me as to know that - well everybody thinks of the future and to think that in 30 years  time  the person who shot me will still be able to see but I have lost my eye.  It's no use saying the Truth Commission does this or that or the other, whatever the Truth Commission can do can never still my pain.
 So all I can actually say is that I don't know whether the Truth Commission accepts  the investigation done in my case was correct or not.  Was it a fair investigation, was it even-handled.  It the Truth Commission could - could go into that - was my case properly handled or not.  And the shooting, was it actually necessary to shoot me because I know for a fact that I didn't have a spade in my hands and I didn't intend to assault anybody.

YASMINE SOOKA: Thank you Reuben, thank you for what you told us.  We will try to investigate to try and find out whether the investigation was done properly and regularly.  I think we really have a lot of sympathy for your plight.  We feel your pain and I really hope that we'll be able to do something to help you to try and alleviate your - your lot.  Thank you for sharing your story with us.

<UNKNOWN>: The speakers microphone is not on.

YASMINE SOOKA: Before I ask the other Commissioners to ask you questions, I just want to take the witness of your friend over there please.  Will you stand so that the oath can be administered to you please.   I am sorry I forgot that you already sworn the oath, would you please be seated.  
Sandra would you please tell us what you remember of the events on that particular day.

SANDRA MOSS: That day I was busy washing windows and when I saw the three police vans arriving I called my sisters and I told - or I asked them what are the police doing in the township but we didn't take much further notice.  We didn't realise what they were trying to do and then they drove around in the street and they - when they came to our street, they went to Reuben's door and Isak was outside at the gate and Reuben's father was underneath the - standing underneath the tree.  And Reuben was busy planting grass.  
 A policeman called Isak but Isak didn't want to go and Reuben said  What did Isak do, why are your calling him.  And Isak then came and stood next to his father under the tree and the policemen jumped out of the van and they gave chase.  And one of them caught Isak and Isak broke free and ran away.
Three policemen gave chase - two white men and one black man - and three policemen were left standing in front of the house.  And Isak jumped over the fence, two were standing behind and Reuben once again asked the two white policemen what did my brother do.  First tell me what's he done, why do you want him.
 None of them answered him and the one policeman then caught Isak and came back with him and when he came back with Isak, the one policeman said to the other one  Shoot this dog, kill him.  But Reuben wanted to catch the dog and the one policeman with glasses wanted to shoot Reuben and he actually did shoot him and then he said  Look there's the Englishman lying on the ground, and then they left Reuben.  And then the children confronted them in the street and said to them  But you've shot him, you've killed him are you just going to leave him there?  And then two black men came and the picked Reuben up, put him in the van and they left.

YASMINE SOOKA: Please tell me when the policeman said  Shoot the dog  did he - was he intending Reuben or the dog?

SANDRA MOSS: No, Reuben was very far away from the dog at that sage.  Reuben wanted to free the dog but then he shot - the policeman shot Reuben and Reuben fell down on the ground. We thought Reuben was dead and when they picked him up we saw his face was completely red with blood.  And that's what happened.

YASMINE SOOKA: And they wanted to run away?

SANDRA MOSS: Yes.

YASMINE SOOKA: Did you speak to the police, did you give them a statement at any stage?