Fraud and corruption accused Schabir Shaik refused to confirm on Friday reported remarks that Alain Thetard, his business colleague and author of the hotly debated "encrypted fax", has refused to be one of his witnesses. "It's up to Thetard to decide if he wants to testify or not," said Shaik as he left the Durban High Court.

The rumours come after Shaik's legal team went to Paris last weekend. Remarks attributed to a senior employee of Shaik's Nkobi Holdings -- out of court -- were that Shaik's lawyers met Thetard and other Thomson CSF managers while in Paris. Thetard is the former head of French arms company Thomson CSF's operations in South Africa.

 The defence apparently asked that Thomson provide them with an alternative list of people who could testify in place of Thetard. Shaik said: "Thomson CSF has been quite steady with regard to their support in this case."

Thetard was previously on the State's witness list. He has refused to come to South Africa to testify and said he was also not willing to testify in France or any other country in the world. Investigators in the Shaik trial also have two warrants of arrest out for him.

Since last Friday the encrypted fax has emerged as the principle document on both sides of the Shaik trial as they argue the admissibility of documents handed in as evidence by the State. Defence advocate Francois Van Zyl has concluded his argument and prosecutor Billy Downer is expected to complete his re-examination on Monday.

On Thursday Van Zyl said Thetard was "dishonest before the fax" and that he was trying to "run a fast one on the company" to get money, by drafting the document. Van Zyl also called into question the evidence of Susan Delique, Thetard's former secretary. He said her version of how she came to type up the fax, send it in encrypted form to Paris and perhaps Mauritius and how she later came to possess it -- after her acrimonious departure from her job -- was "improbable", "suspect" and "unsatisfactory".

The encrypted fax records a bribe of R500,000 per annum for Deputy President Jacob Zuma from Thomson CSF. The State alleges Shaik arranged the bribe for Zuma in exchange for protection during investigations into alleged irregularities in South Africa's multi-billion rand arms deal. Thomson and Shaik's Nkobi Holdings secured the naval corvette contract through a joint shareholding in African Defence Systems.

With acknowledgements to Wendy Jasson da Costa and Sapa.