The prosecution in the Schabir Shaik fraud and corruption trial has asked the Durban High Court to accept a new document as evidence which would effectively reopen its case.

"Its just one document and closely related to the subject matter and cross-examination at this time," said prosecutor Billy Downer.

He introduced the new document which led to a legal debate and early adjournment after the lunch break on Thursday.

According to the state the new document, which relates to the Point Waterfront development, is "highly relevant" and "remarkably similar" to documents QQ11 and QQ12 which have already been handed in as evidence.

Those documents were never disputed by Shaik although he said he had no knowledge of them.

However the state wants to know why the new draft, which Shaik says he also has no knowledge of, is so similar to the previous one, and how he could not have known about it if it was taken from the computers of his Nkobi Holdings.

"We are not obliged to accept at face value Mr Shaik's denial that he knew nothing of it," said Downer.

QQ11 and QQ12 is a letter by deputy president Jacob Zuma to Mr Saad, the chairman of the Malaysian group Renong dated October 31 1996.

In it Zuma refers to Saad's previous correspondence in which Saad has apparently asked him to assist in resolving a dispute about a preferred Black Empowerment partner in the Point Project.

Zuma said he would be available to meet Saad at the end of October 1996.

Downer said the new document had always been in their possession but they had just realized the relevance thereof because of Shaik's response.

"At the time it was irrelevant, we've now been taken by surprise so it becomes relevant," said Downer on why the document was not submitted earlier.

He said it now appeared as if the letter to Renong had originated from Nkobi's computer and not Zuma's office.

According to the prosecution the defence was aware that they had made mirror recordings of all the hard drives of Shaik's computers.

Downer said it was a surprise that they had not yet used the new document in court but not a surprise that they had it in their possession.

Shaik's advocate, Francois van Zyl, objected to the new document, saying it effectively meant that the state would reopen its case and that they should have brought it up in their main case.

"The document is part of the state's docket," said Downer.

"It's never seen the light of day till now," argued judge Hillary Squires.

This document relates to the state's charge of "General Corruption" against Shaik according to which he is alleged to have bankrolled Zuma in exchange for the use of Zuma's political influence to further his business interests.

The state intends proving that Shaik was the author of the unsigned letter that was sent to Saad because it looks like the draft copy found in his office.

Earlier in the day it appeared as if Downer's incessant regurgitation of issues during cross-examination took its toll on Shaik and Squires with the judge stepping in as referee between Shaik and Downer several times.

When Downer repeatedly asked why payments by Shaik for and on behalf of the African National Congress were not in his accounting records, Squires said: "Mr Downer, please try and avoid any arguments".

Downer: "I'm sorry, m'lord, I think the point has been made."

Squires: "...Long ago".

At one stage Shaik told Downer: "It's been a long trial. I have been under a lot of stress and my words are spinning out of context. I am trying to be accurate and I ask for your forgiveness."

The trial continues.

With acknowledgement to Sapa.