Amid the drama of Durban businessman Schabir Shaik taking the stand to give evidence in his trial, the prosecution quietly cleared a significant hurdle - there was no application for him to be discharged.

When Shaik, who had on occasion said that the charges against him were "Mickey Mouse", took the stand on Monday, his legal team had lost their opportunity to bring an application for a discharge.

This means that, strategically, the Shaik team may have concluded that the state's case would have to be answered, charge for charge.

In general these applications are brought if an accused believes that the state has produced nothing worthy of an answer while presenting its case.

The prevailing legal thinking seems to be that, after Judge Hilary Squires ordered that the encrypted fax be entered into evidence, Shaik had no choice but to testify.

Firstly it would have been "laughable", as one legal expert put it, to bring a discharge application. Secondly, as another legal expert put it, not giving evidence "would have been like handing a guilty plea to the court".

On another level events in court represented a significant victory for the former director of public prosecutions, Bulelani Ngcuka.

When Judge Squires allowed a controversial, encrypted fax - ostensibly setting out a bribe agreement between Shaik, Deputy President Jacob Zuma and French arms company Thomson - to be brought before the court, he found that the fax presented a piece of evidence that called out for an answer.

The fax, to some extent at first glance, was proof of corruption.

Ngcuka said at the same press conference where he announced that Shaik would be tried for corruption and fraud that there was at least a prima facie case of corruption against Zuma. He declined to prosecute the deputy president.

Being proved right, to some extent, would no doubt be of some comfort for Ngcuka, who is facing a new array of spy claims and severe criticism over the way he managed the prosecution of former ANC chief whip Tony Yengeni.

Now, as Shaik faces the leader of the state's legal team, Billy Downer, who is expected to take him into cross-examination this week, the businessman's answers will be scrutinised carefully.

Giving answers this week was not particularly easy for the suave businessman. A row with his counsel, Francois van Zyl, seemed to distract him for a while, as did the state's legal team. Shaik claimed on several occasions that his "learned colleagues on the left" were disturbing him.

It seemed that Shaik took offense at whatever whispered discussions Downer and his team were having. Downer did apologise. Judge Squires explained to Shaik the prosecution's need to communicate.

By Wednesday, Shaik's sombre mood seemed to have lifted and, apart from complaints about not feeling well and being tired, he seemed much more focused. Shaik left the witness stand last week saying: "Beware of the French."

He said he was going to write a book about this and then added: "I love their women, but I am very careful of the French."

The trial continues.

With acknowledgements to Estelle Ellis and the Sunday Argus.