JOHANNESBURG: The former regional executive of a French arms company and author of the encrypted fax alleged by investigators to refer to Jacob Zuma says he will not testify at the ANC president's trial.

Alain Thetard implies he could have been a valuable defence witness for Zuma's financial adviser, convicted fraudster Schabir Shaik, had he not been scared off by the State's plans to arrest him.

In an affidavit filed at the Pietermaritzburg High Court yesterday, Thetard, a former representative of Thint, the arms company alleged to have offered Zuma money in return for his protection during the probe into the arms deal, says repeatedly that he is incapable of trusting Zuma's prosecutors.

"As a result of the conduct of the representatives of the National Prosecuting Authority, I have no faith in what they say and I believe they will use any excuse to arrest me or have me arrested should I return to South Africa, irrespective of any undertakings they may give. I do not trust their undertakings."

Thint has applied for the prosecution against it to be permanently stayed.

Central to Thetard's complaints in his 19-page affidavit is the "encrypted fax", a draft document that three courts have found is proof that Shaik solicited a bribe for Zuma.

Thetard confirms that he stated under oath that he was the author of the fax, but says he wrote a second affidavit saying the fax merely recorded his thoughts and was not sent.

It is this affidavit, and the potential vindication it offered Shaik, that could have led the State to apply for a warrant for his arrest.