The admissibility of the now famous encrypted fax, which led to Durban businessman Schabir Shaik's second corruption conviction, dominated proceedings at the Supreme Court of Appeal (SCA) in Bloemfontein on Tuesday.

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

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.

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

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

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.

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 questions.

The state said that even if the author of the fax, Alain Thetard, 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.

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 on its own as "a flat piece of paper". However, Heher said its content, even as a flat piece of paper, had "a particular thrust".

In response to Downer's attempt to convince the court that the case was clear, Judge Piet Streicher said: "I find it worrying that you are arguing that the fax is as clear as daylight, that it is clear as daylight that Mr Zuma, Shaik and the French organised a bribe."

He then asked Downer if the SCA should take into account that the other two people (Thetard and Zuma) involved in the fax had not been charged, and whether this would not have put them in a better position to decide on the admissibility.

Downer also asked the SCA to refuse Shaik's application for leave to appeal the first conviction, which entails his "generally corrupt" relationship with 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.

Judge Craig Howie, President of the SCA, reserved judgement on Tuesday in the criminal appeals -- the corruption and fraud convictions.

The civil appeal of a R34-million asset forfeiture order by the Durban High Court against Shaik would start on Wednesday. The assets were said to be proceeds of crime.

With acknowledgement to Fran Blandy, André Grobler, Sapa and Mail & Guardian.