Thank you to everyone that has supported the Justice For Josh
THIS IS WHO SHOT AND KILLED JOSH
This selfie was taken by the killer nearly a year prior to him shooting Josh, he had access to the firearms all the time.
Sunday times 4 February 2024
JUSTICE DENIED
On Thursday the 7th September 2023 the person who shot and killed Josh was sentenced. Magistrate Adriaan Bekker mentioned in his sentence that the accused had behavioral problems for years and that he showed no real remorse for his actions, he mentioned that the accused had been expelled from two schools and the impact that Josh’s death has had on our lives.
He sentenced the killer to corrective supervision (house arrest) for 24 months. The house where he will sit out this luxurious sentence is in Durban. He is allowed to go out between the hours of 06:00 and 18:00 Monday to Friday and has to complete a few courses and do 16 hours of community service a month.
The killer will be living with his sister and brother in-law. The brother in-law works in the security industry and owns a 9mm pistol and a nearly identical shotgun to what was used to shoot Josh. The magistrate was made aware of the fact that there are firearms in the home.
Magistrate Bekker never took the state social workers report into account and disregarded that she had said the accused should serve prison time. He instead used the report of the private paid social worker the accused’s family had hired. Her report was riddled with lies and when called out on it by the prosecutor was allowed by the court to submit a new report. The accused lied to the social worker and this was proved in court with evidence that was not challenged by the defense lawyer. Bekker still never took this into account.
For illegal possession of a firearm and ammunition he will serve wholly suspended sentences.
Although the state say he will be monitored we know in South Africa this will not really happen, he is going to be able to do whatever he wants and whenever he pleases.
The mother of the accused was interviewed by a journalist shortly after the sentencing and said “I am so thankful that this is over, I can breathe now”, “he cant handle it. At 19 he is still my baby” and “I lost my son, but he will come back to me now”. This is the same mother who lied in her statement to the police saying that she didn’t even know there were firearms in her house. This is the same mother that never bothered to phone emergency services or police on that fateful day and left Josh to die all alone. The same mother that failed to tell the police that there were witnesses there that day. She knew exactly what her son was capable of and did nothing to rectify his behavior even after being told by a private school that he required intense therapy. She knows exactly what happened that day but not once has she been truthful.
The killer will now be living in a community who know nothing about him and certainly won’t know that he is a danger to society.
Magistrate Bekker has now set a precedent in South Africa that if you are a minor and be in unlawful possession of a firearm and then use that firearm to shoot and kill, you will get off with a slap on the wrist. When he was reading out the sentence he said in South Africa when sentencing is to light communities tend to take justice into their own hands, now we know why there are so many vigilantes in the country.
We are not allowed to publish their names, this is another sick law in this country that protects the evil monters that did this to Josh. Many of you know exactly who they are so please share this far and wide, let your family and friends know who they are, warn them to stay away from these monsters especially if they have teenage sons. He is now in a house with guns that he will be able to access just like he did before. We can’t bring Josh back but we can warn others and hopefully save another innocent child.
They might have won this fight but the WAR is not over!
Both the SAPS and the judiciary have failed Josh. THIS IS A TRAVESTY OF JUSTICE!
News 24 article on court proceedings 14/7/2023
Alex Mitchley News 24 Journalist
Teen who shot and killed 16-year-old Joshua Edwards showed no remorse for his actions - State
- Sixteen-year-old Joshua Edwards was shot dead by a friend in Midrand in January 2021.
- The accused was found guilty of culpable homicide and unlawful possession of a firearm and ammunition.
- The State has asked for a partially suspended custodial sentence.
The teenager who shot and killed 16-year-old Joshua Edwards was reckless, if not grossly negligent, and showed no remorse for his actions.
This was part of the State's closing arguments in the sentencing proceedings of the accused, who cannot be named because he was a minor at the time of the crime.
The teenager, who will be turning 19 this year, appeared in the Pretoria Magistrate's Court on Friday.
In October last year, the teenager was found guilty of culpable homicide, unlawful possession of ammunition and unlawful possession of a firearm.
No remorse and gross negligence
The State has asked the court to impose a partially suspended custodial sentence, meaning that he would spend time incarcerated.
State prosecutor advocate Annalie Coetzee based this submission on the severity of the crimes committed, the accused's behaviour and taking the Child Justice Act into account.
A similar sentence was also imposed by a probation officer who found that the accused had no remorse, and instead of taking responsibility for his actions, he continued to apportion blame to the deceased.
Coetzee said:
This absence of insight and remorse led her [the probation officer] to recommend a sentence of direct imprisonment.
In addition, the probation officer, in her report noted that the teenager, despite being convicted, still did not really appreciate the wrongfulness of his conduct.
The State repeated evidence that the teenager had issues with authority and a history of getting into trouble at school, which led him to be expelled twice.
On the argument of whether his actions constituted gross negligence, Coetzee took it one step further.
Looking at the facts and circumstances of the case, Coetzee said that there can be no other finding than that the teenager's conduct went beyond mere negligence and, in fact constituted recklessness, or at the very least gross negligence.
Given his history of breaking the rules and not bending to authority, the State argued that correctional supervision would not work.
Non-custodial sentence
Piet du Plessis, the teenager's attorney, argued that a non-custodial sentence would be appropriate.
This was based on a report compiled by their own probation officer.
It was argued that a proper sentence can be constructed involving correctional supervision to serve as both retribution and punishment.
Throughout his arguments, Du Plessis reiterated that the teenager should not be punished in the normal context of a youthful adult, but as a child in terms of the Child Justice Act.
He said the act made it clear that imprisonment should only be imposed as a measure of last resort and only for the shortest appropriate period of time.
Du Plessis said direct imprisonment in the circumstances of the case would simply destroy a further life and would be to the detriment of the public.
He said that based on the facts, a finding of gross negligence should not be made.
Crime
Edwards was visiting the accused at his parents' house on 5 January 2021 where they played with a shotgun in his room.
The teenager had had the shotgun and another revolver in his room for a prolonged period of time.
The teenager ended up shooting Edwards in the torso. He died at the scene.
News24 previously reported that Magistrate Adriaan Bekker acquitted the teenager of the murder charge, finding that no case had been made out for a conviction of murder on the basis of dolus eventualis, which establishes legal intention where an accused person should have objectively foreseen his conduct would cause the death of another but proceeded with the action regardless.
Instead, the teenager was found guilty of culpable homicide, with Bekker noting a serious degree of recklessness.
He will be sentenced on 7 September.
Update of Court Proceedings 8th June 2023
On the 8th June the defence attorney for the accused indicated that he would not be calling any further witnesses. His last witness called was the private social worker his client had hired to do a pre-sentencing report as they were not happy with the state social workers report which recommended imprisonment. Since she testified, we have received the transcripts and there were a couple of things that stood out.
She recommended that the accused is suitable for house arrest. The accused currently lives with his sister and brother in-law. The prosecutor asked her if she knows if there are firearms in the house where he is living, she stated that there are no firearms. We are aware as we have checked and the brother in-law is the owner of two firearms, one of them a shotgun very similar to that of the accused’s father. She either did not ask the question or the accused’s sister lied to her. If the accused was placed under house arrest at his sister’s house what is to stop him from again stealing a firearm and shooting another innocent person. The correctional services official who was tasked with inspecting the house also did not think it was necessary to check if there were firearms kept in the house.
The second thing that stood out was when the private social worker was arguing that the accused was not ill-disciplined.
Private Social Worker: “in my field ill-discipline is getting involved in criminal activities”
Prosecutor: “like stealing your father’s gun from its safe and exposing people whilst you know full well the safety measures applicable to firearms. Exposing on numerous occasions, people to these firearms that he unlawfully had in his possession. Is that not criminal in your mind?
Private Social Worker: “That is ill-discipline”
Prosecutor: “Not Criminal?”
Private Social Worker: “Not in South Africa, not where we live, not where they live.”
The private social worker believes it is not CRIMINAL to steal firearms in South Africa.
In her report she also said that the accused had told her he had never experimented with any illegal substances.
The first state witness on the 8th stated that the accused had smoked marijuana with him and had come to school high before departing for a rugby tour. He also received WhatsApp messages from the accused with a drug price list. This evidence was important to prove that the accused had not been truthful with the private social worker.
The second state witness was a teacher from the school the accused attended before enrolling at Josh’s school. She stated that the accused had several behaviour incidents whilst at the school and his parents were called in on more than one occasion to discuss his behaviour. One of the incidents that stood out was when the class were given a baby doll which they had to look after as if its was a live baby for several days, the accused put drawing pins in the eyes and mouth of the baby. The teacher found this very disturbing. This teacher was also part of the disciplinary hearing of the accused, the outcome was that his contract would not be renewed the following year.
The third state witness was also a teacher of the accused in grade 8 and grade 9. She stated that the accused took no accountability for his bad behaviour and was arrogant. She said the accused would often boast at school about having access to firearms at home at was allowed to shoot whatever he wanted whenever he wanted. She raised this with the principal and said she did not feel safe in the accused’s presence and that he was dangerous. She said if there was ever a kid that would have brought a gun to school it would have been the accused.
There is a pattern of ill-discipline with the accused, and he has not taken any accountability for his actions and showed no remorse. He was told he could not return to two private schools. The private schools do not do any checks or request any previous school records, had this been done the accused most likely would not have ended up in Josh’s school and Josh would have been alive today!
There are no more witnesses to be called, the prosecutor requested a postponement so that she can prepare her closing arguments in detail. The case will resume on the 14th July 2023
We also now believe we know who owns the missing shotgun, we can only hope the SAPS will take this information seriously. We believe the owner of this shotgun removed it from the scene on the day of the shooting.
We want to change the way private schools admit pupils without doing checks with the previous school, parents of kids at private schools have a false sense of security thinking that their kids are safe, in all private schools there are potentially drug dealers, sexual predators and in our case a KILLER mixing with innocent children. This needs to change before another life is lost.
radio 702 interview
Podcast of interview on Bongani Bingwa's morning show 9th June 2023
Tim Edwards discusses the quest for justice after his son Josh was shot dead by a classmate two and a half years ago, dealing with loss, and the need for schools to conduct background checks on youngsters who may have had a troublesome history.
https://omny.fm/shows/the-breakfast-show-702/a-family-s-journey-to-get-justice-for-son-s-death
Court resumes for sentencing
Tomorrow morning the 8th of June we are back in court where the sentencing will continue. We have faith in the prosecutor and the judicial system and hope that the appropriate sentence will be handed down. We will continue to fight for justice for Josh. This is a particularly difficult and sad time of the year for us with Mother’s Day just past, Father's Day coming up and Josh’s 19th birthday coming up soon. Josh should have been in university now and being a big brother to his twin and younger sister, all of this was denied to him because of the irresponsible negligent parents of the accused and the recklessness of the accused himself. The parents and the private schools he attended knew of his behavioural problems and he should never have been in a mainstream school with innocent children. The private schooling system in South Africa needs to change so there is more protection, parents need to know that their children will be safe when sending them to school, teachers also need to know who they are dealing with. As a family we want to change this so no other innocent life is lost and so no family has to go through the trauma and heartache we are going through. We miss you Josh & will always love you!
Tell the truth
The picture above is a selfie taken by the person who shot and killed Josh. This photo was taken in March 2020, 10 months before he killed Josh. Above is also a screenshot of part of a message his mother sent to Julie almost two weeks after he shot Josh. In her message she says that her husband tried to surrender the weapon and a second one to the SAPS during COVID (2020) but was turned away by the SAPS and sent home with the two firearms. The father of the KILLER stated under oath in court that he had not seen his shotgun in 10 years and assumed it was still locked in the safe in the outbuilding. So which shotgun and 2nd weapon had he supposedly tried to surrender?
To the mother of the KILLER: I hope your conscience is eating away at you, I hope you are not sleeping at night knowing that your husband lied about the whereabouts of the firearms, I hope you feel guilty for protecting a criminal. I hope one day you come forward and tell the truth to the authorities, until such time I hope you have nightmares about what you are hiding, the TRUTH! You should be ashamed of yourself for what you have done! I also know that you will read this, just as you have been viewing our status updates. Just remember there are three things that cannot be hidden forever, the sun, the moon and the TRUTH
The KILLER’S identity is protected by the court and because of this he, his criminal father and mother cannot be named. In Josh’s case the law is only protecting the guilty party. The KILLER and his father are a danger to society and they are being protected. We can only hope that no one else is injured or killed by this evil family due to the fact that we are not able to warn the public by naming them.
Update 19 January 2023
Court 19 January 2023
We were back in court this morning for the pre-sentencing report from the state probation officer. The defense lawyer for the accused asked for a postponement so that he could study the report and appoint a private social worker to conduct their own report. The accused will have to be back in court on the 22nd March 2023 for sentencing.
update 14 august 2022 sunday times
Parents slam probe into son’s shooting death
The couple is fighting to hold the investigating officer accountable for 'shoddy' work
14 August 2022 - 00:00
Nivashni Nair Senior reporter Sunday Times
update 27 july 2022
Closing Arguments
The closing arguments were held in court yesterday the 26th July 2022. There are two links below in English and Afrikaans for news articles that covered the day.
We will be back in court on the 21st October 2022 for the verdict.
Below is something we picked up after reading the transcripts:
Below is part of a WhatsApp message sent to Julie two weeks after Josh had been shot and killed, it’s from the wife of accused two and mother of accused one and then followed by what accused two testified in court.
Extract from WhatsApp message:
“……a gun that my **** (accused two) actually took to Midrand and Olievenhout police station last year, with the intention of surrendering but, due to Covid circumstances was sent home with said weapon (and a second one), mission unaccomplished.”
Accused two testified that:
Prosecutor: “Now when last sir did you see the shotgun prior to 5 January?”
Accused 2: “Ma’am it must have been before my accident.”
Prosecutor: “So, we are talking about 10 years, 9 years.”
Accused 2: “10 years. I do not recall if I did go and inspect or look after the accident. I do not think I would off”
Both accused testified that the mother / wife did not know the difference between real guns and air guns, it would appear that she did and that she was well aware of the fact that the guns were not kept in a safe and that her son had full access to them. She is just as responsible as both the accused for Josh’s death.
We also now know that the sisters now husband owns a very similar looking shotgun which was most likely the second shotgun that had been seen on the day of the shooting and in the past by the witnesses. He was also according to accused two the first person he spoke to on the phone after the shooting.
The above-mentioned husband also turned up on the day of the shooting and was overheard on the phone mentioning a person named Swart. Warrant Officer Ferreira’s superior happens to be Captain Swart. He also came to the first few court appearances of the accused and we now believe this was for him to find out if he had been implicated.
To the mother and son-in-law / brother-in-law of the accused we want you to know that we will not stop the fight for justice, and we will explore every avenue possible to have both of you brought before a court of law. You both need to start telling the truth.
News 24 Article 27 July 2022 (Alex Mitchley)
Beeld Article 26 July 2022 (Hanti Otto)
my story
My Story by Julie Edwards
I want to tell my story. My story is devastating, a life shattering trauma and tragedy that should not have happened. Something that shouldn’t happen to anyone. But it happened. It happened to my son. It happened to me and to my family and to a community. It changed everything, for everyone, forever. 18 months later, as I look back at what has been the most terrible, terrible time anyone could endure, there have been these beacons of light that have carried us this far. Even during the darkest hours of despair, there have been these lights, lights of hope............
update
5 July 2022
It’s a year and a half today that Josh was taken from us, in a few weeks time Josh would have turned 18 and was so excited to do his drivers license. He had been planning the car he wanted for a couple of years and would have loved to do all the driving and running around. Josh was a kind young man and the best big brother he could be to his twin and younger sister. He would have been there and protected them in every possible way. We couldn’t be prouder of the son he was, and young man he was becoming. Josh should have been at school today and preparing for his matric exams, he had his whole life ahead of him, but his life was ripped away from him. We miss Josh every single day, it doesn’t get any easier, people say time heals but that is simply not true.
Today is also three weeks away from the trial continuing (26 July). Both accused will appear in court where the prosecutor and their lawyer will have closing arguments. We have faith in the state and judicial system.
We have received messages from a family friend of the accused telling us it was Josh’s time to go, that his time on earth was up and that he was called back to heaven. Josh did not choose to die that day. The same friend has asked us to forgive the accuseds mother and sister. However, Josh didn’t die because God decided it was his day. Josh died because of the evils of this world, lurking in that property that day. We also believe that forgiveness follows redemption, and redemption includes the truth, something the accused have tried their upmost to cover up for 18 months. We also strongly believe that both the mother and sister knew about the firearms in that house and that they were not locked up, we also believe that they knew that accused one had the firearms in his room as did the adult witness. So as per the Firearms Act they have all broken the law, it is an offence not to report firearms that are left lying around. As a result, our son is dead. Both the mother, sister and adult witness should have said something about the firearms, if they did Josh would be alive today.
We also believe the mother of the accused to not being truthful, she failed to mention to her friend that there were witnesses there on the day Josh was shot. We will do everything we possibly can to get the mother, sister and witness before a court, they are not going to get away with braking the law. We believe the mother of accused one enabled his behaviour and she is also to blame for Josh’s death!
Another friend of both accused told us months ago there was no need for us to involve the police and lawyers and that we should rely on the facts only. I hope you have read all the articles, we relied on the facts, we had many facts within days of Josh’s death, but anyone with half a brain would know that these details couldn’t be shared publicly and until the accused were charged. You should be ashamed of the messages you sent us. You know who you are! You were told a version by the accuseds mother, she lied to you!
The complaint against the police is also continuing and we will not stop the pressure on the SAPS to charge the detective that first handled the case, he failed to interview the witnesses and purposely excluded statements from the docket that Paul O Sullivan had taken and personally handed over to him, one can only wonder why he acted in this way! His superior is now trying to cover for him, you too are a disgrace to the SAPS and should be discharged.
NEVER UNDERESTIMATE SOMEONES ABILITY TO FIND OUT THE TRUTH.
UPDATE
16 June 2022
On Monday and Tuesday this week we were back in court. Both accused were on the stand to give the court their version of events and to be cross examined by the state prosecutor.
Accused no. one was first, he is the 18-year-old that shot and killed Josh. He showed no remorse whatsoever and at points argued with the prosecutor. He told the court all the witnesses are lying, and they are not to be believed. The witnesses were his friends, one of them his best friend so they would have no reason to lie to the court. He showed no emotion at all, even when looking at the crime scene photos. He claimed to have taken the firearms from the safe without his fathers’ knowledge. From the evidence presented to the court it would appear that the firearms were never kept in a safe. He lied and said he was very emotional on the day of the shooting; he was anything but emotional.
Accused no. two was second on the stand, he is the father of the 18-year-old that shot Josh and also the owner of the firearms. When he was giving his version of events his own lawyer asked him where he stores his guns, at the time he was only licensed to own two firearms, a shotgun and a revolver. We have believed all along that there were two shotguns there the day Josh was shot as this was what the witnesses had seen in the past and on the day, Josh was shot. His answer to the question was he keeps the SHOTGUNS in the outside safe and the revolver in the inside safe. There were a number of us in the court that heard him say SHOTGUNS. Later a recording was played to the court and the accused definitely said SHOTGUNS in plural. The accused said on the day of the shooting he first tried to contact a friend of his in the police, but that friend never answered, his second call was to his son-in-law. The prosecutor put it to him that he called his son-in-law to come and remove the second un-licensed shotgun. He couldn’t explain to the court why his first call was not for medical help or why he never called the police emergency number. The accused also claimed that he does not know how to READ OR WRITE, he was asked how he did his firearm license test if he cannot read or write, he claimed he got someone else to do it for him. He was only emotional when he spoke about himself and his accident that he had ten years ago. He also said all the witnesses were lying, one of which was his friend who had seen two shotguns in the house previously and on the day, Josh was shot. He also showed no remorse.
Both accused LIED through their teeth and threw each other under the bus. Both of them changed their versions. Both of them fail to understand that the truth only has one version. Both of them only feel sorry for themselves and the situation they are in. Both of them seem to think they are the victims. Both of them and the rest of their family and friends should NEVER UNDERESTIMATE SOMEONES ABILITY TO FIND OUT THE TRUTH.
The trial continues on the 26th July when the state and their lawyers will present their arguments to the court. We have confidence in the prosecutor and the judicial system that justice will be served.
We still believe that there is a lot more that will be uncovered and will fight for justice until every single person involved is brought before a court of law.
As a family we would like to thank everyone that has been there to support us and help us get through this tough time of the trial. We have had support from our friends, neighbours and complete strangers. Thank you to everybody that is standing with us through the darkest of days.
UPDATE
7 June 2022
It is 74 weeks today since Josh was taken from us. In just over five days the criminal trial continues (13/06), and the accused will need to answer to the court for what he did that day. The accused is facing MULTIPLEcharges some of which include MURDER, POSSESSION OF A FIREARM AND AMMUNITION, POINTING OF A FIREARM AND DEFEATING THE ENDS OF JUSTICE. The accused’s father is also facing multiplecharges.
The SAPS have not been able to provide any feedback with regards to the complaint against the initial detective Warrant Officer Ferreira, I will not allow them to brush this under the carpet and will follow all avenues possible until he has been charged and held accountable for what he did. SAPS members such as Ferreira are a disgrace to the service, and we can only wonder how many other crimes he has attempted to cover up. Ferreira your day in court will come.
Let’s hope Justice prevails so that both the accused can NEVER do what they did to Josh, to anyone, ever again. Let’s hope a clear message is sent out to irresponsible firearm owners. Respect the firearms act, it’s there for a reason. Had the accused abided by the law and kept his guns in a safe, Josh would be alive. The accused chose to keep them lying around his house for years and Josh paid the ultimate price for that family’s reckless and illegal choices.
As a family we have faith in the judicial system and the NPA.
Not a day goes by that we do not miss Josh, in a couple of months he would have turned 18 and had his whole adult life ahead of him, that life was taken from him and from us, we will never get over losing Josh. To all those involved that broke the law and have not been charged YET, your day will also come in court. We will fight and will NOT stop until Josh gets the justice he deserves.
NEVER UNDER ESTIMATE SOMEONES ABILITY TO FIND OUT THE TRUTH.
Update
3 May 2022
Its 69 weeks today since Josh was taken from us in the most brutal manner. Josh was shot with a shotgun. There were two additional witnesses who were at the scene that fateful day who chose to leave and not say a thing, not phone the police or an ambulance. We tracked them down and gave all their information to the police including contact numbers and an address. The detective (Warrant Officer Ferreira) never bothered to interview them. This was when we hired Paul O Sullivan to investigate what had happened. It turns out that the adult witness had previously seen the firearms at the property, they were not stored in a safe, two shotguns, one under the bed and the other in a cupboard of the accused one’s bedroom. If only he had said something that day, Josh might still be alive. Section 120 (a) of the Firearms Control Act of South Africa states:
‘‘Any person who is aware of the existence of a firearm, muzzle loading firearm or ammunition that is not in the lawful possession of any person and fails to report the location of the firearm, muzzle loading firearm or ammunition to a police official without delay, is guilty of an offence.’’
Both of the above mentioned witnesses stated in court that there were two shotguns there on the fateful day Josh was shot. The shooters father who is accused number two in the criminal trial only had a license for one shotgun which leads us to believe the second shotgun is an illegal / un-licensed firearm.
We lodged a complaint against the SAPS as all the evidence we have points towards the initial detective covering up what happened on the 5th January. After emailing all the senior management of the SAPS including the provincial and national commissioners on numerous occasions and not having a response I emailed parliament. It has been over a year since the complaint was lodged and the feedback received last week from a member of parliament was that Warrant Officer Ferreira will have a DISCIPLINARY hearing on the 5thMay. The SAPS also told the member of parliament that accused number two was arrested for defeating the ends of justice, this is not true, NO ONE was arrested.
In just under six weeks the criminal trial continues (13 June 2022).
Let’s hope Justice prevails so that both the accused can NEVER do what they did to Josh, to anyone, ever again. Let’s hope a clear message is sent out to irresponsible firearm owners. Respect the firearms act, it’s there for a reason. Had the accused abided by the law and kept his guns in a safe, Josh would be alive. The accused chose to keep them lying around his house for years and Josh paid the ultimate price for that family’s reckless and illegal choices.
NEVER UNDER ESTIMATE SOMEONES ABILITY TO FIND OUT THE TRUTH.
THERE ARE THREE THINGS IN THIS WORLD THAT CANNOT BE HIDDEN INDEFINATELY AND WILL ALWAYS COME OUT,
THE SUN, THE MOON AND THE TRUTH
It has been 1 year since you were taken from us.
Josh was so pure, he cannot possibly have died in vein. Let’s pray and hope that at the very least, a clear message is sent to all irresponsible firearm owners. The person that pulled the trigger needs to answer to the court for what he did to Josh. So do all others responsible for the events of that day.