State prosecutor Billy Downer on Tuesday asked the Supreme Court of Appeal to refuse Shabir Shaik's application for leave to appeal a conviction which entails his "generally corrupt" relationship with former deputy president Jacob Zuma.

This after asking the court to uphold the sentences imposed by Judge Hilary Squires during Shaik's conviction on two counts of corruption and one of fraud last year. Shaik was handed down two sentences of 15 years each and one of three years which were to run concurrently.

If Shaik wins the appeal on the second and third counts, and leave to appeal the first is denied, he will still spend time in prison.

"Look at the evidence, the level of corruption, the duration and intent of the corruption," said Downer, adding later that in large scale, high-level corruption, long term sentences should be imposed irrespective of minimum sentencing.

In appealing the sentences, the defence charged that Shaik's relationship with Zuma had not been "cold-blooded".

On Tuesday, the second day of Shaik's appeal hearing, Downer faced an array of questions from a full bench of the SCA judges on the admissibility of an encrypted fax.

Some of the best legal minds in the country argued, questioned and probed the various arguments put forth by both the defence and the State.

During argument, Judge Craig Howie often held his head in his hands, while Judge John Heher gazed up at the ceiling. They and the other three Judges interrupted Downer intermittently to ask him a question.

The encrypted fax details the negotiation of a R500,000-a-year bribe for Jacob Zuma -- while he was deputy president -- for protection in the investigation in South Africa's multi-billion rand arms deal.

"It's a very very probative (affording proof or evidence) piece of evidence which should be allowed in," Downer said.

The state said that even if Alain Thetard, the author of the fax, was not a credible witness, the facts contained in the fax still stood.

The defence contended that Thetard was not a credible witness because he had lied on various occasions and for this reason the fax should not be allowed as evidence.

The State conceded, as it had in the trial, that a court would find him a non-credible witness.

"We still sit with the facts. If you look at the statement itself (the fax) what possible motive could Thetard have had in composing a fax that was not true? There is none," Downer asked rhetorically.

Downer said all facts contained in the fax had been confirmed by evidence.

Delving deep into the legal technicalities of intent and purpose of all the conspirators involved in the alleged bribe, and alternative arguments to the one presented by the state, took up most of the day.

To Downer, it was obvious that their submission showed evidence that formed a clear mosaic of facts.

Jeremy Gauntlett SC, in response reiterated his argument that in fact, the fax had very little probative value because of Thetard's "extremely unreliable character" with an "aversion to truth telling".

Arguing on the fax as a hearsay document Judge Heher then stated: "But it is beyond any doubt whatsoever that an amount of R500,000 per annum was offered and accepted for a purpose."

Gauntlett was trying to convince the Judges to look at the document as "a flat piece of paper" however Heher said its content even as a flat piece of paper had "a particular thrust".

The appeal continues.

With acknowledgement to Sapa.