Determined to regain his freedom 58-year-old Kenneth Dean Fogelson from United States of America, a suspect in the murder of late Chimbidzani Batlhoki, this Monday made a fresh bail application before Masunga Magistrate Court.
This time Fogelson has not only roped in the legal expertise of Senior Counsel Morrsion Ndawana to argue his way to freedom, but also rented a residence to convince court, he will not skip the country. Two months ago, the same court denied the 58-year-old man from Kansas bail.
“The circumstances of my client have changed; this is the reason for this application. There have been new developments in the suspect’s case. He has managed to get into a lease agreement with a third party in Francistown. He now has a place of residence. Furthermore, his passport which was with the American embassy is now available and he is ready to surrender it to the police,” argued Ndawana.
He said Prosecution’s reasons that Fogelson is a flight risk is unfounded. “Their opposition is anchored on baseless reasons. If the passport is surrendered to the police, there is no way the suspect can evade trial or skip the country. There are no direct flights from Botswana to America and for one to travel to other countries he needs the same travel document.
My client cannot walk or swim back to America. In surrendering the passport, it is a sign that my client is willing to clear his name before courts,” pointed out Senior Counsel Ndawana.
“Once more Fogelson’s continued incarceration is likely to collapse his business back home. He is a sole proprietor of a business and his release on bail will enable him to manage the business remotely. Keeping him in prison means his business is doomed.”
Hot in opposition, Prosecution told the Court that the bail application is not before the right court.
“This application should be heard before the High Court and not before this Court. In the previous bail hearing, the passport was never an issue. Our bone of contention is that the suspect is facing a very serious offence, which is likely to attract capital punishment if convicted. This on its own can be a motivation for the suspect to run away,” highlighted Prosecutor Siwela.
He said during investigations police had established that Fogelson had previous convictions. “Findings from Interpol reveal the suspect has been convicted before and has a tendency of committing offences that are violent in nature. This evidence illustrates that the suspect is not a good candidate for bail, because has no family, business or community ties in Botswana. So there is nothing which obliges him to remain in the country.”
Principal Magistrate Kabelo Magetse will decide on Fogelson’s bail application at the end of this month.
Fogelson jetted into Botswana last November to start a new life with his late girlfriend Batlhoki, who was operating a thriving liquor outlet in Maitengwe. A month after his arrival, the American allegedly strangled to death his lover after a heated argument.
