Anele Tembe inquest hears forensic and toxicology evidence as AKA's father questions the process

The inquest into Anele Tembe's death heard two days of forensic, medical and toxicology evidence this week, and Tony Forbes, father of the late rapper Kiernan "AKA" Forbes, has said the court isn't testing the contradictions in it.

Tembe, 22, fell from the 10th floor of the Pepperclub Hotel on Loop Street in Cape Town in the early hours of 11 April 2021. She was engaged to Forbes, who was with her at the hotel. He was shot dead in Durban in February 2023.

The National Prosecuting Authority ordered the inquest after expert opinions found no grounds for a prosecution. An inquest is not a trial. The magistrate has to establish how Tembe died and whether anyone can be held responsible. Nine witnesses testified in September, and the court ruled that those who didn't want to be identified may not be named or recorded. The hearing resumed at the Cape Town Magistrate's Court on Monday, 19 October.

The reconstruction

On Monday the court heard from four senior police officials and forensic experts, TimesLIVE reported. Forensic analyst Lieutenant-Colonel Jeremy Philander described simulations with a 53kg mannequin. An accidental slip carried it 1.9 metres from the wall, an accidental jump 2.9 metres, a slight push 4.4 metres and a deliberate push 5.1 metres. Tembe landed 5.1 metres from the wall.

Philander said a simple slip, or a slight jump or push, could not explain that distance, while a forceful push or jump could. Cross-examined by the Tembe family's lawyer, who asked whether she could have been pushed, or lifted and thrown, he stood by his reconstruction. "We can see it is possible with the aggressive push as well as a jump," he said, according to EWN. He said the evidence suggested Tembe had been standing on the outside ledge of the balcony before she fell, and that she landed feet first.

Police witnesses told the court that a footprint was found on the outer edge of the balcony railing and partial footprints near the balcony, facing the apartment door. One said no fingerprints belonging to Tembe or Forbes were recovered from the railing.

Toxicology and the doctor's evidence

On Tuesday a toxicologist, who asked not to be filmed or recorded, testified that 0.2mg of cocaine was detected in Tembe's stomach. "There was cocaethylene and norcocaine found in the stomach, blood and the eye," he said, as reported by TimesLIVE. Cocaethylene forms when cocaine and alcohol are taken together. A breakdown product of antidepressants and an antipsychotic medication were also identified.

The samples were taken on 21 April 2021, The Citizen reported, and the toxicologist said the results could not show when the cocaine was taken. He told the court that the combined effect of the substances, and whether the mix could be lethal, fell outside his expertise. His role was to identify what was present.

Earlier on Tuesday, a doctor who examined Forbes after Tembe's death testified that he had several fresh scratch marks and bruises, consistent with contact with sharp and blunt objects. The doctor said Forbes was cooperative but agitated and stressed, which made it hard to get a full account of how he was injured.

"Going through the motions"

Tony Forbes, who attended Monday's sitting, told reporters afterwards that he didn't think the evidence was being properly challenged. "We just seem to be going through the motions," he said.

"For me, there is nothing conclusive to show that it was a push," he said, according to TimesLIVE. He disputed testimony that the scratches were on his son's back, saying the J88 medical form places them behind the knee. "Things are happening at this inquest where I just feel the right facts are not being put on the table," he said. "Neither of them is here, so it is a puzzle."

The inquest is expected to hear from more medical experts this week.