The defence in the Schabir Shaik fraud and corruption trial being held in Durban on Tuesday asked for a longer lunch adjournment because Shaik was not feeling well.

"My client is struggling to stay awake," advocate Francois Van Zyl told Judge Hillary Squires.

"Already this morning I was battling to get him to court."

He asked that the trial adjourn until 2.30pm, but Squires refused saying they would see how Shaik felt at the usual starting time of 2.15pm.

Shaik told Sapa he was going to his doctor "for a jab and I want to sleep". He also said he would get sick note for the flu, which he believes he has at the moment.

As Shaik left the court he walked up to prosecutor Billy Downer and apologised for not feeling well, to which Downer replied: "I'm sorry I'm having this effect on you". Downer's assistant Anton Steynberg laughingly said Shaik became sick when he heard the State refer to the death penalty.

Since Friday Downer has been arguing the admissability of seven documents including the infamous encrypted fax to which the state is opposed.

The trial continues.

With acknowledgement to Sapa.