Fraud and corruption accused Schabir Shaik failed to make it back to the Durban High Court after lunch on Tuesday due to chest pains.

Shaik's lawyer Francois van Zyl said his client had visited a specialist physician during the lunch break and had been advised to stay in bed for the rest of Tuesday, and Wednesday.

He said Shaik's blood pressure was the cause of his chest pains and he also had a respiratory tract infection. Judge Hillary Squires provisionally adjourned the case until 10am on Wednesday saying Van Zyl should monitor his client's progress and that the case would resume if Shaik was feeling better.

Earlier, 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. S

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

With acknowledgement to Sapa.