Several broadcasters are itching to record and broadcast the trial of Durban businessman Schabir Shaik on radio - but Judge Hilary Squires wants to think about it.

An urgent application by the SABC, radio stations 702 Talk Radio and Cape Talk and e.tv was brought in the Durban High Court yesterday.

It was a second attempt to have proceedings broadcast. A first attempt, by Midi Television, the company which operates e.tv, failed. The radio stations said yesterday they wished to record and broadcast the voices of witnesses, and e.tv wanted to make voice recordings and use them with pictures taken outside the courtroom.

Shaik's trial on charges of corruption and fraud was interrupted for the court to hear the application. It was to continue today.

Judge Squires said the question could have been sorted out months ago, and added that were it not for the acquiescence of the state and Shaik, he would not have heard the application.

Those in favour of broadcasting mentioned:

It would give greater access to the judicial process;

Broadcasting would facilitate understanding of the case for those who cannot read, but can listen to radio;

It would allow radio journalists to use "the tools of their trade";

It would give the public access to first-hand, unedited evidence as given at the trial.

Then there were the compromises:

The recorded material would be used only for newscasts, and would not be broadcast live;

It would not be used for "talk-back" programmes, where the evidence would be discussed;

The SABC would record the evidence only of those witnesses who would not object.

And there were the objections from those opposed:

Concern about the impact this would have on witnesses;

Shaik voiced his objections to his voice being recorded;

The state is concerned about the impact on the fairness of Shaik's trial.

Advocate Gilbert Marcus SC, for e.tv, 702 and Cape Talk, also produced an affidavit by Independent Democrats leader Patricia de Lille, who said she had no objection to having her evidence broadcast. "She made her revelations (about the arms deal) in public.

One would think that she would have no qualms about doing so in a court of law," Judge Squires responded.

Advocate Brian Pincus SC, for the SABC, said: "What speaks louder than anything in this case is that it is unbelievable that Shaik deposed to an affidavit that does not say that he feels self-conscious and intimidated (by the prospect of having his voice recorded)."

What Shaik does say in his affidavit is that he fears that the recording and broadcast of witnesses' evidence for radio would result in their being less forthcoming and open to the court.

Advocate Guido Penzhorn SC, for the state, said their primary concern was to make sure that Shaik had a fair trial.

Advocate Nirmal Singh, for Shaik, said: "... It is the awareness of the voice being recorded that creates the problem. It will create nervousness, tension and self-awareness."

With acknowledgements to Estelle Ellis and The Star.