The Taliep Petersen murder trial would continue despite complaints from one of the accused that his body was aching and he had a fever, a judge ruled on Wednesday.

Cape High Court judge Siraj Desai made the ruling after earlier adjourning proceedings to allow accused number two, Abdoer Emjedi, to consult a district surgeon.

Emjedi's advocate, Laureen Abrahams, told Desai when the court convened on Wednesday morning that her client had not been feeling well for the past two days.

She said he left prison too early, and arrived back too late, to get medical attention there, and asked Desai to order that he see a district surgeon.

Desai instructed investigating officer Captain Joe Dryden to taken Emjedi to the nearest district surgeon, and said the court would reconvene at noon for a reportback.

When the court reconvened, prosecutor Shareen Riley handed in a letter from a district surgeon at Somerset Hospital.

Desai, after reading the document, said the doctor's basic finding was that Emjedi was stressed, but able to continue with court proceedings.

The doctor had suggested exercises for Emjedi, he said.

He asked Abrahams what he should do.

Abrahams replied that Emjedi said he could not keep his head up, his whole body was aching, that he had a fever, and the doctor had not taken his temperature.

He wanted to see a private doctor, because he did not agree with the district surgeon's diagnosis.

In these circumstances it was not in the interests of justice for the trial to continue.

"Does he have a fever?" asked Desai.

"I don't know, I didn't examine him," replied Abrahams.

Desai said he had to go with the medical opinion, but that the court could adjourn early.

He was not persuaded Emjedi was not in a position to follow the proceedings.

"It is in the interests of justice that criminal trials be concluded as speedily as possible," he said.

The bespectacled Emjedi sat with his head slightly bowed through these proceedings.

Abrahams told Sapa Emjedi said his body was "racked with pain, he's got headaches and he's vomiting.

"He doesn't feel that he can concentrate."

The court heard testimony last month that Emjedi was the person who recruited two hitmen to carry out Taliep's murder in December 2006.

He, Waheed Hassen, Jefferson Snyders and Taliep's widow Najwa have all pleaded not guilty.

Sapa