Fraud and corruption accused Schabir Shaik went to bed on Tuesday night with thoughts of a cigar and a long holiday and not the pressure of attending what has been the dubbed the "trial of the decade".

Prosecutor Billy Downer yesterday told the Durban High Court that the state has "finished with the list of witnesses for this year".

Presiding Judge Hillary Squires, who has never hidden his opinions or sense of humour since the start of the trial on October 11, raised his eyebrows and remarked, "For this year?".

Although displeased that the state has not concluded its case against Shaik, Squires accepted Downer's request to adjourn until next year.

Outside court, Shaik bid farewell to journalists and lawyers who became "part of the furniture" since the start of the trial.

He told reporters that he was not surprised that a 165 (sic - 165 000) documents point a finger at him as he understands the bigger picture, which he says, although sub judice, is the "battle of the Titans".

Shaik said he is glad the case which has been with him since 2001 has finally come to court.

He said the defence plans to call a substantial number of witnesses next year.

Earlier, Squires turned down the state's application for a court order to allow a South African Revenue Services official to give evidence against Shaik.

The state required the order to lead evidence from Rob Reid, in connection with the alternative count of tax evasion. The Income Tax Act does not permit a SARS official to divulge information about a taxpayer due to its confidentiality clause.

Squires yesterday said obtaining information from a SARS official is the last resort in a case and in light of the fact that several other witnesses had testified that Shaik evaded tax, further evidence from Reid was "pressingly not needed".

He said while balancing public interest and the rights of the taxpayer, he found that it was the responsibility of the SARS Commissioner to instigate prosecution relating to tax issues and not the National Prosecution Authority, who went against policy when it obtained an affidavit from Reid.

With acknowledgements to Nivashni Nair and The Natal Witness.

*1 Actually correctly spelt Shaikh.