Advocate Jacques Potgieter, during court proceedings on Wednesday, said in sentencing him Judge Soma Naidoo needs to consider that the painting was retrieved and Mettler did not benefit financially from this crime. 

Potgieter added that the sentencing should not be handed down in anger. State prosecutor, Antoinette Ferreira, however, indicated that there were no compelling circumstances to deviate from the prescribed sentence of 15 years in prison. 

Ferreira added that Mettler’s actions were influenced by pure greed, and that he was only after money. 

Mettler’s sentencing has been postponed to Wednesday 10 March.

Meanwhile, the National Prosecuting Authority (NPA) spokesperson, Phaladi Shuping, brushed off the defence’s argument and reiterated it’s neither here nor there that the painting was recovered. He says a punishable crime was committed and justice must be served.
 
During the aggravating factors in the matter, Ferreira indicated that the Director-General at the Office of the Premier, Kopung Ralikontsane, previously testified during the trial that the Office of the Premier reached out to Mettler and asked that he bring back the stolen painting but the latter failed to do so.
 
She says instead Mettler, who stole the painting via a backdoor from the offices of the premier, went further and asked for money of over R100 000 from the premier’s office.
 
The court previously also heard, during testimony, that the Provincial Department of Public Works, Marius Jansen, noticed an email that detailed the auctioning of the painting and the Hawks were later informed about the alleged crime.
 
Mettler was later charged and asked to appear in court for the theft of the painting in 2019.

Mettler's initial statement read that he was gifted this valuable piece by Magashule during his move to his new position of ANC Secretary-General (SG).
 
Contrary to the claims, Magashule testified in court and told the judge when he was vacating the Premier's office, he gave various personal items to different people, including Mettler. He also testified that he did not even know if 'Pierneef' was a painting or an actual person. The state called a total of 14 witnesses, including his former PA Nomalanga Moroadi Selina Cholota.

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