The trial of businessman Schabir Shaik will not be broadcast *1 on radio, the Durban High high court ruled this morning.

In a 28-page written judgment Judge Hilary Squires dismissed the application by Midi television, Radio 702 and Cape Talk and the SABC to record and broadcast the testimony given at the trial.

Judge Squires said he did not believe that broadcasting the trial would add to its fairness.

"That is achieved by the unfettered access to the court and the constant or possible presence in it of media reporters or other interested spectators from the public at large."

This, he said, was the "greatest ensurer of fair play that we had".

"Broadcasting, even live, is not going to improve that.

"At most it will allow any interested listener to hear instantly what happened ... nor do I think secondly that broadcasting by radio alone is likely to achieve much if anything to educate the public in the administration of justice."

Judge Squires added that the only tangible advantage of recorded radio broadcasting was "the ability to bring actual voices of participants on a warts and all basis to radio listeners".

He also expressed serious concerns about the effect radio broadcasting would have on witnesses.

"It could easily result in evidence being diminished in quality, content and presentation. That in turn could have a direct bearing on the question of whether or not the accused had a fair trial."

He ordered the radio stations to pay the costs of the applications.

This morning former Nkobi group accountant Celia Bester took the stand. Bester was appointed at Nkobi Holdings in 1998.

She said she had been drawn to the company by Shaik's stance on black economic empowerment and the transfer of skills *2.

She said Shaik "was a very good speaker. He told us he was an adviser to Zuma, he used this in a lot of our conversations".

"He mentioned his political connectivity, which he said was important for a black economic empowerment company. *3"

She said that when she started working at Nkobi, the company had been constantly in overdraft.

The trial continues.

With acknowledgements to the Cape Argus.

*1 It is best not to allow this to be the slightest opportunity for a retrial or grounds for appeal.

*2 Zero, except the skill of transferring one shareholders' money for donations as well as speedy inter-account transfers.

*3 This is indeed important, especially when one's assets consists only of donations and loans (although not on the books), and one's electronic skill consists only of the ability to effect online electronic funds transfer - Viva BEE, Viva.