The ICAC was accused by some lawyers yesterday of over-zealously pursuing questionable prosecutions in the wake of Robbie Fradd's acquittal in the race-fixing trial. Speaking after the trial last night, defence counsel Kevin Egan pointed out: 'The judge found the essential element of the offence of cheating at gambling was never successfully established. It was never shown that Fradd wanted to make money. It was all just theory and speculation.' The Jockey Club advised the ICAC not to bring the case to court but the ICAC insisted, a legal source said. 'The ICAC railroaded it through the Department of Justice and no one stood up to them,' the source said. Against legal advice that there was no evidence, the ICAC pushed it back to the Director of Public Prosecutions. 'It wasn't a screw up so much as it was a refusal to back down,' the source added. It is understood that the Department of Justice first approached barrister John McNamara to represent for the prosecution but he turned the case down because he felt there was insufficient evidence for a conviction. In the end, barrister Nicholas Adams only stepped in on November 1 - just three days before the trial was originally scheduled to start. 'The ICAC is very aggressive in bringing charges against defendants,' said Andrew Lam Ping-cheung, solicitor and chairman of the criminal law and procedure committee of the Law Society of Hong Kong. 'Generally speaking, the goalkeeper is the Department of Justice, which scrutinises the cases, but the ICAC puts pressure on the department to press charges. 'This is their product,' he added. Another leading laywer said: 'It's often a PR exercise, a warning to others in the field. They want to demonstrate their omnipotence. 'The PR element is that they're saying to jockeys and everyone in racing that we're monitoring your field. The fact that the case is hopeless is irrelevant.'. Mr Lam added: 'Generally speaking, to protect their integrity, the Department of Justice says let it go to court, then it's a matter for them [the court]. Therefore, the function of the goalkeeper is lost.'