Durban: Apart from a final guilty or not guilty verdict, Judge Hilary Squires is to take the most crucial decision yet in the trial of Durban businessman Schabir Shaik this week.

His decision on the admissibility of a number of disputed documents will determine the further conduct of the trial.

One of the documents, an encrypted fax, ostensibly sets out a bribe agreement between Shaik, Deputy President Jacob Zuma and Alain Thetard, the former South African director of French arms company, Thomson.

If he refuses to admit the fax, the prosecution's chances of securing a conviction on Count 3, a corruption charge dealing with the conspiracy to bribe Zuma, would hang by a thread.

However, as it is a decision in law, it would also open the way for the state to appeal against the verdict at the end of the trial if they so wished.

What comes out of court in the State vs Schabir Shaik and others this week is more likely to determine if there will ever be a State vs Jacob G Zuma case.

It will also, once again, highlight the great escape of Thetard - who left the country before warrants for his arrest on charges of corruption and perjury were obtained.

Thetard, who is in France, has refused, in spite of immunity against prosecution being offered to him, to give evidence.

Judge Squires will also be called on to decide the fate of a statement, sealed to public eyes up to now, written by Malaysian businessman David Wilson. After helping the Scorpions at first, Wilson is now refusing to come to South Africa to give evidence.

Wilson's evidence is viewed as an important piece of the puzzle in proving what the state says was a corrupt relationship between Shaik and Zuma. This allegation forms the basis of Count 1 in the indictment, a charge of corruption.

Shaik has pleaded not guilty to all the corruption charges and another of fraud.

With acknowledgements to Estelle Ellis and the Cape Times.