No clear evidence of strangulation in Anele Tembe’s death, pathologist tells inquest

A forensic pathologist has found no clear evidence that Anele Tembe was strangled before her fatal fall from a Cape Town hotel, despite identifying injuries on the front of her neck.

The pathologist, who was the seventh witness to testify at the Cape Town regional court on Tuesday, told the inquest that a post-mortem examination found no fractures to Tembe’s hyoid bone or thyroid cartilage, or evidence of fingertip bruising typically associated with strangulation.

Tembe, 22, was engaged to the late rapper Kiernan “AKA” Forbes and fell from the 10th floor of the Pepperclub Hotel in Cape Town on April 11 2021.

The pathologist, who requested not to be filmed or recorded, said a bloodless neck dissection revealed no clear evidence of strangulation, though two areas of injury were identified on the front of Tembe’s neck.

She explained that the injuries could have resulted from suction, friction or compression and that she believed Tembe may have sustained them during the fall.

“I have noted that this could have been suction, friction or compression of the neck,” she told the court.

She said the injuries involved underlying muscles, including the platysma, a thin muscle extending from the jaw towards the collarbone.

“It could be possible that the wound could be caused during the fall. I did not see the entire trajectory of the fall,” she said.

The pathologist also revealed that tree branches and leaves were found in Tembe’s hair and on her body, suggesting she may have struck a tree during her descent.

“What I did note at the time was that there were parts of the tree, even branches and leaves in her hair and her body,” she said.

She attributed Tembe’s death to multiple blunt-force injuries sustained in the fall.

Her testimony followed evidence from a toxicologist who told the court that cocaine and its breakdown products, along with substances associated with antidepressant and antipsychotic medication, were detected in Tembe’s body.

Among the substances identified were cocaethylene and norcocaine, detected in samples taken from her stomach, blood and eye.

Cocaethylene is formed when cocaine and alcohol are consumed together.

The court also heard evidence about Tembe’s level of intoxication and whether it could have affected her physical abilities before the fall.

The pathologist testified that Tembe’s blood alcohol concentration placed her in a category associated with euphoria or being under the influence of alcohol, rather than severe intoxication.

“In my opinion, she would likely be able to climb over a balcony. She was not stuporous or comatose with that level of blood alcohol,” she said.

However, she cautioned that the effects of alcohol vary according to an individual’s tolerance and that she did not have information about Tembe’s drinking history.

She also explained that cocaine is a stimulant that can alter a person’s level of consciousness.

“When alcohol and cocaine are ingested at the same time, there is a compound formed called cocaethylene, which was also detected in her samples,” she testified.

She said the concentrations of certain cocaine metabolites were consistent with use in the hours before death.

The pathologist’s evidence concluded two days of testimony during which seven witnesses, including senior police officials, forensic experts, a district surgeon and a toxicologist, gave evidence about the circumstances surrounding Tembe’s death.

On Monday, the court heard that a footprint believed to belong to Tembe had been identified on the outside edge of the hotel balcony, with its positioning suggesting that she had been facing towards the room.

A forensic engineering expert also testified that mathematical calculations and experimental testing indicated that Tembe’s fall lasted between 2.3 and 2.6 seconds.

The expert presented evidence concerning the trajectory of her fall and the distance of approximately 5.1 metres between the building and where her body landed.

On Tuesday, a district surgeon testified that Forbes had multiple fresh scratch marks and bruises on his body when he was medically examined shortly after Tembe’s death.

The doctor described Forbes as stressed and agitated during the examination, making it difficult to establish a full account of how his injuries had been sustained.

Five years after Tembe’s death, the central question of whether she jumped, fell accidentally or was pushed remains unresolved.