[ad_1]
- On Wednesday a sentence will be handed down in the state’s case against a former bodyguard accused of stealing a painting worth millions.
- The painting was taken from the Free State Prime Minister’s Officer.
- The former bodyguard alleges that the painting was a gift.
A man who once served as a bodyguard to former Free State Prime Minister Ace Magashule has been described as a “deceitful man” and “manipulator” by the state.
Ricardo Mettler is on trial for theft, fraud, money laundering, profanity, falsification and thwarting the ends of justice – charges in a case that centers on the theft of a JH Pierneef painting worth millions.
During his trial, Mettler’s defense claimed that Magashule, now secretary general of the ANC, gave him the artwork as a gift.
The painting was allegedly pulled from a safe in Magashule’s office in March 2018.
It represents a mountainous landscape in the Free State. The undated Pierneef belongs to the government of the Free State.
Arts24 previously reported that since Pierneef was considered one of South Africa’s old masters, the painting was valued at approximately R8 million when it disappeared two years ago.
On Monday, during closing arguments, attorney Antoinette Ferreira, for the state, told the court that Mettler should be convicted of a litany of charges, including making false statements in an affidavit.
READ | What happened to the Pierneef painting that disappeared from Ace Magashule’s office?
Several witnesses, including Magashule, had already testified on the matter. The defense team did not call witnesses.
Netwerk24 previously reported that Mettler maintained that Magashule had given him the painting and other gifts when he left the prime minister’s office. He also said that he initially paid no attention to the painting in its gold frame.
He also reportedly said the painting was among the pile of goods that Magashule donated to him, adding that he later realized it was valuable.
He also said that if he had known it was a state asset, he would not have taken it.
But on Monday, Ferreira challenged this claim. He said the state believed Mettler stole the painting “for personal enrichment.”
He also said that the defendant had apparently told the former prime minister that “a painting is a painting unless you are interested.”
He claimed that Mettler wanted to earn R6-8 million quickly if it was sold at auction.
Ferreira also said: “He did not ask Mr. Magashule if it was really a gift.”
He also believed that Mettler was the one who removed the barcode from the painting. “He worked in the prime minister’s office for six years; he knew what a barcode is,” he said.
“Only the defendant can explain the gift defense, but still chose to remain silent,” the attorney said.
“We pray that the court will convict the accused.” According to the State’s Summary of Substantial Facts, Pierneef’s painting was registered in the Free State Prime Minister’s Affirmation Register with a silver barcode attached to the back of the painting.
The painting was also framed with a gold-colored wooden frame and registered on the office’s asset list by Mr. JA Botes in room 430.
However, Botes was no longer an employee due to health concerns, according to the state, adding that the painting was in the office from 2014 to May 2017.
In March 2018, when Magashule left office, he “instructed some of his immediate officials to take and take away all the items that belonged to him and leave behind the property of the provincial government of the Free State.”
The State also said that that same month, a Mr. Wei-Lun Hsu met with Mettler and the defendant wanted to borrow R2.1 million, offering the painting as collateral.
Apparently, he told Wei-Lun that the painting was worth a lot of money. Wei-Lun approached the auction house Strauss & Co to inquire about the origin, value and ownership of the painting.
The auction house then drew attention to the work by including an image of the painting in an advertisement for an upcoming auction. Strauss & Co was notified by an art buyer, who was familiar with the provincial government collection, that the painting may have been stolen.
During the closing arguments, Ferreira said that it is the case of the State that Mettler was not “not direct and honest”, and also mentioned that the key to the warehouse, where the painting was kept, disappeared.
“Why would the key disappear?” he asked, claiming that Mettler locked the door in an attempt to “hinder the speedy recovery of the paint.”
READ ALSO: It was a gift from Ace Magashule, claims former bodyguard accused of stealing Pierneef painting
Meanwhile, attorney Jacques Potgieter, for the defendant, said his client was forthright with his version of events from the beginning.
He said, indeed, at some point a barcode was attached, but you couldn’t tell when it was attached and it was also removed. He also spoke about evidence from two witnesses who, he said, could not tell what the back of the painting looked like.
He also referred to the alleged missing key to the warehouse. Potgieter said, “If we were to believe [the] The key to the warehouse was missing, it would have been noticed that Pierneef was missing when the locksmith changed the locks. “
Potgieter also said that when he gave the painting to Strauss & Co, his client never asked the company not to investigate.
And when told that the company would advertise it widely, Mettler never said “please stop the process and give me my painting back.”
“There is no evidence that he tried to sell the painting clandestinely or went to a black market. He went directly to Strauss and Co … and I would say he had no knowledge of the wrongdoing.
He said the value of the painting was known, but that did not mean that his client knew it was government property.
“The defendant did not know it was government property,” he said, adding that the court cannot find him guilty of theft and other charges.
The ruling was expected to be issued later this week.
