Durban : Schabir Shaik's lawyer yesterday asked the high court here to show "mercy and compassion" when sentencing his client.

Advocate Francois van Zyl asked Judge Hilary Squires to impose a lesser sentence than the prescribed minimum on Shaik's conviction on two charges of corruption and one of fraud and said the punishment should "fit the criminal as well as the crime".

"There is a huge price that was already paid in the form of 'pressure and anxiety'."

Shaik is still waiting to hear his fate after Judge Squires provisionally set aside today or tomorrow for sentencing.

Shaik was found guilty last week of fraud and corruption linked to his relationship with Deputy President Jacob Zuma.

Van Zyl said Shaik was a first-time offender and "sacrificed a part of his life in working in the struggle" (against apartheid).

Van Zyl said the case had been hanging over Shaik's head since October 2001 when the Scorpions first raided his homes and businesses.

Because of his conviction, Shaik - the director of the Nkobi group of companies, some of which were co-accused in this case - would not even be able to manage any of his companies.

"This is not your classic case of bribery," said Van Zyl, explaining that the crime committed by Shaik started out as a gesture of friendship to help Zuma out of his debt.

Van Zyl said there was no evidence that Zuma interfered in any tender processes in which Nkobi was involved, and that "these circumstances" warranted a lesser sentence than would otherwise be handed down for corruption.

Dealing with the fraud charge relating to an irregular write-off of R1.2 million as development costs in Nkobi's books, Van Zyl said: "The write-off occurred below the line and as such had no real influence on profit figures above the line."

He said it would be "a grave injustice" to sentence Shaik as if he were party to the fraud because although he was aware of what was happening, the write-off was designed by the accountants.

On the corruption conviction relating to soliciting a bribe for Zuma from French Arms company Thomson CSF, Van Zyl said neither Shaik nor his companies agreed nor offered to pay Zuma bribe money.

He said Shaik was only a facilitator.

Although Zuma wrote a letter to parliament's standing committee on public accounts to voice his disapproval over their intention to investigate the arms deal it was not part of the bribe "agreement", he was merely reiterating what other ministers had already stated in a press conference.

Van Zyl said society undoubtedly had an interest in the punishment of corruption, but this interest should not weigh so heavily that it overshadowed all other circumstances.

Prosecutor Billy Downer, on the other hand, called for a long-term sentence.

Downer said there was no "compelling reason" to deviate from the minimum sentences and 15 years was a just and lenient sentence especially for the two corruption charges.

Shaik showed no remorse for his actions. A large amount of the R1.2m to Zuma was paid over seven years as he tried to corrupt the deputy president. Downer maintained that Shaik intended to bribe Zuma in his capacity as MEC and later as deputy president.

In comparison to Van Zyl who said Shaik's was not a typical case of bribery, Downer said it had features which "aggravated the classic case" and made it "more serious".

"This is atypical, it's much, much worse," he said.

"It remains offensive in the true sense of the word to pay an official to do his work."

Shaik had also persisted in trying to get the money from the French when it was not forthcoming.

In referring to Shaik's group of companies, he said the corporate accused also had to be punished because they were assets.

Although the corporate accused could not be put in prison, it was necessary to look at the amounts involved in the offence as a starting point, Downer said.

With acknowledgements to Wendy Jasson da Costa, Sapa and the Cape Times.