Durban - Schabir Shaik will be "forced" to testify in his own trial if judge Hilary Squires admits the notorious coded French fax as evidence.

This was the argument Shaik's legal representative, Francois van Zyl, made in the Durban High Court on Thursday as he was trying to convince the court not to allow the fax as evidence as the state is demanding.

Shaik, financial adviser to deputy president Jacob Zuma, is standing trial on charges of corruption and fraud.

Van Zyl launched his argument on Thursday after the State closed its argument on why Squires should allow a number of contested documents as evidence.

These documents include the notorious fax that involves Shaik and Zuma in bribery.

The fax insinuates that Thomson-CSF was willing to pay Zuma R500 000 for protection against an arms investigation and to advance this company's interest in Africa.

Alain Thetard, former South African head of the French arms firm Thomson-CSF, confirmed in a statement that he had written the "bribery note", but said it was merely a written note that he crumpled up and threw away.

He refuses to testify in South Africa.

Sue Delique, Thetard's former secretary, testified earlier that he gave the note to her to type and to fax to the Thompson bosses in Paris.

Delique had the written note and a computer disk with the typed version in her possession.

Van Zyl described Thetard as "dishonest" and said Shaik did not know anything about the fax.

"The opportunity for the accused to test Thetard and to prove to the court how untrustworthy he is - and more importantly, how untrustworthy he was at the relevant times - will not materialise now," Van Zyl argued.

Squires asked Van Zyl how he wanted to "test" Thetard and Van Zyl replied through cross-examination.

"But you don't have to cross-examine someone to test them," Squires replied.

Van Zyl rebutted: "Yes, your honour, but with all due respect, the accused will now have to stand in the dock and defend himself against hearsay evidence."

He added that it would "never be in the interest of justice to force the accused to testify".

With acknowledgements to Adriaan Basson and the Beeld.