During an application for leave to appeal the conviction and sentencing in the High Court on Wednesday, the defence counsel's Advocate Christo Meiring argued before Judge Soma Naidoo in Bloemfontein that some of the state witnesses' evidence led against his client was confusing. He stated that Naidoo erred in law by finding Mettler guilty of money laundering. He said, as a result of confusing evidence, Judge Naidoo misdirected herself by relying on facts that had been established via Google. 

Meiring argued that Judge Naidoo, during deliberation, embarked on a course of speculation. However, the state equally argued that there are no reasonable prospects that another judge could come to a different conclusion and that Judge Naidoo sentenced Mettler accordingly. Judge Naidoo is expected to hand down her judgment on Thursday.

“We respectfully submit that the Honourable Court was so overwhelmed by the value of the painting and the publicity surrounding the alleged theft thereof that it turned a blind eye to all other evidence which could point to the innocence of the applicant. We further submit, with respect, that the Honourable Court misdirected itself by relying on facts which it had established vis the Google App, and then used those facts to support or justify its findings against the applicant,” Meiring added.

During trial, the court heard Bloemfontein businessman Wei-Lin Hsu was offered the valued Pierneef painting as a guarantee for a loan of over R2 million. He escaped prosecution by the court following his testimony against Mettler, which had not been disputed.

Meiring told Judge Naidoo that whether Mettler testified or not, that did not assist the state in proving its case. Mettler was found guilty in 2020 on four counts of 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.

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