France made it clear from the outset that a key witness in the Schabir Shaik trial would be protected by his own country, the Durban High Court heard on Tuesday.

In the witness box for a second day, former Scorpions prosecutor Gerda Ferreira told the fraud and corruption trial how difficult it was to get hold of Shaik's former co-accused Alain Thetard once he had returned to France, his home country.

Thetard was head of the South African operation of French arms company Thomson CSF. The State alleges that Shaik solicited a R500 000 per annum bribe for Deputy President Jacob Zuma from Thomson CSF.

This was in exchange for protection during investigations into alleged irregularities in South Africa's multi-billion rand arms deal.

Ferreira said she had requested France for mutual legal assistance in the Scorpions investigation in 2001.

At that time there were two warrants of arrest out for Thetard, one for statutory perjury, and one for corruption related to the arms deal.

Ferreira said she went to France to speed up the process, especially their search-and-seizure application.

There she was told by the presiding magistrate that if incriminating evidence was found against Thetard, the French authorities would not compel him to give evidence.

She was told that Thetard would also not be extradited to South Africa.

Although Thetard is no longer a co-accused in the case, he still refuses to come to South Africa to testify.

The trial continues.

With acknowledgement to Sapa.