Central SA
NPA welcomes Pierneef painting sentence─── LUCKY NKUYANE 11:50 Wed, 10 Mar 2021
The National Prosecuting Authority (NPA) in the Free State says the 15-year jail term imposed on Ace Magashule's former driver, Ricardo Mettler, will serve as a deterrent to many others.
The High Court judge, Soma Naidoo, on Wednesday punished Mettler with a 15-year jail term after convicting the latter for stealing the R8 million valued Pierneef painting.
The NPA spokesperson, Phaladi Shuping, says Mettler's sentence shows that the law will not allow people in public office to use state resources for their own benefit. Shuping earlier brushed off the defence’s argument that Mettler did not financially benefit from the theft of Pierneef and reiterated that it was neither here nor there that the painting was recovered. Sentencing Mettler on Wednesday Judge Naidoo said the latter had failed to take the witness stand to place his version of events before the court and that did not draw confidence from the court.
Naidoo said that the state had always carried a view that Mettler did not act alone but this was never proven in court. She said Mettler, despite the court's findings, continues to disrespect the evidence presented in court, showed no remorse, and failed to take responsibility.
It's been said that he stole the Pierneef painting with the intention of selling it to a Bloemfontein businessman - Wei-Lin Hsu - or use it as a guarantee for a loan of more than R2 million. Following his testimony in court, he was exempted from prosecution. Hsu’s testimony in chief over the theft of the art piece worth R8 million was determined to be satisfactory by the court because he was upfront with details he provided to the court.
In 2020, the court heard how Mettler approached Hsu on the day of Premier Sisi Ntombela's inauguration on 28 March 2018 and asked for financial assistance. Mettler is said to have delivered the painting to the offices of Hsu a day later following an agreement between the two about a loan guarantee.
Judge Naidoo said Mettler, as the bodyguard of the former Free State premier, used his position of power and trust to steal the Pierneef painting and this has damaged the image of the premier's office and that his actions create an impression that people in power could simply help themselves to state resources.
Mettler was found guilty in 2020 on four counts - including theft, fraud, money laundering and perjury. Judge Naidoo handed down a 15-year prison sentence for theft, 15 years for money laundering, 15 years for fraud and 12 months for perjury. Counts 2 and 4 are set to run concurrently. Two pre-sentencing reports have been presented in court thus far, which looked into Mettler's affairs. A pre-sentencing report by probation officer Zandile Nxumalo painted Mettler as not remorseful.
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