Schabir Shaik's brother Mo has accused the state of gratuitously dragging Nelson Mandela into Schabir's trial.

His comments, made during a radio interview yesterday, had sparks flying after lunchtime at the Durban High Court.

According to Sapa, Mo Shaik told journalists that it was unnecessary to drag Mandela's name through the mud and that it was "part of the particular venomous nature of this case".

But prosecutor Billy Downer SC took umbrage at Mo Shaik's statements.

"It has come to my attention that Mr Shaik's brother Mo has made public comments over evidence led in the trial …

"All we wish to do is to lead relevant evidence. It is not in the interest of justice to comment on the evidence," advocate Downer said.

He asked Mr Justice Hilary Squires to consider taking steps against Mo Shaik.

With acknowledgements to Estelle Ellis and The Star.