Judge Hillary Squires will decide this week whether the fraud and corruption trial against Durban businessman Schabir Shaik will hear Glasgow-based witness John Lennon's evidence via a satellite link-up.

State prosecutor Billy Downer applied yesterday for Lennon to give evidence via a video transmission in the interests of a speedy trial and lower costs.

Although not averse to testifying, Lennon cannot spare the week required to travel to SA before February or March next year.

The trial has been set down for December, and Downer argued against an unnecessary delay. He said Lennon's evidence was important for the state's case against Shaik.

The prosecution already had the original documentation on which Lennon would be questioned, and faxed or e-mailed copies would be sent to him before his proposed court appearance on November 23 and 24.

"We have the technology and the provisions in the law that allow for the use of modern technology, and in the interests of justice (it makes sense) to obtain evidence in this manner," Downer argued.

He said the court would have "the added benefit" of a video recording of proceedings as well as the standard audio record.

However, defence advocate Francois van Zyl questioned whether a court oath administered via a satellite link-up to another country would be binding.

Van Zyl argued the Criminal Procedure Act clearly outlined the witness swearing-in process, and that it held no jurisdiction over someone outside SA.

This would render invalid any evidence submitted.

Van Zyl also believed that his cross-examination would be prejudiced, because he would be unable to accurately assess Lennon's reactions.

Downer believed the oath remained binding, but proposed Lennon testify from the South African High Commission, thus placing him on South African soil and under local laws.

With acknowledgement to Business Day.