Former Port Klang Authority (PKA) general manager OC Phang's lawyer today argued in Shah Alam High Court that she has no case to answer over a suit filed against her by PKA.

Counsel Mathew Thomas Philip told Justice M Gunalan the PKA has failed to establish their case in law.

"The evidence led during the trial is so unsatisfactory and unreliable, such that the PKA's burden of proof has not be discharged," he said.

The principle of "no case to answer" is a term in criminal law, whereby a defendant seeks acquittal without having to present a defence.

It is rarely used in civil cases but it can be done if the court finds the plaintiff did not establish the minimum threshold for liability on the defence.

Mathew said given a case of this nature and the serious allegation made against Phang, PKA has failed to call key relevant witnesses.

"Instead it relied on witnesses who had no personal knowledge of the events transpired at the material time. This coupled with the evidence obtained during cross-examination of PKA’s witnesses warranted the decision to submit a no case to answer," he added.

Some of the witnesses which PKA did not call were former PKA chairpersons Yap Pian Hon and Ting Chew Peh. Only eight witnesses testified, including former PKA chairperson Lee Hwa Beng.

Justice Gunalan directed the parties to file written submissions regarding the issue of "no case to answer" and fixed June 22 for oral submissions.

Mathew said Phang's case against the third parties - formerly members of the PKA board at the material time - will only be decided after the determination of Phang's submission on no case to answer.

PKA had filed the suit against Phang for criminal breach of trust and breach of fiduciary duties to transform Port Klang into a national load centre and regional transshipment hub.

Previously, Lee claimed that Phang had failed in her duties as the GM, bypassed the PKA board, and that PKA could not afford to build the Port Klang Free Zone (PKFZ) project in a single phase. 

The witness also said most decisions concerning PKFZ were done by the cabinet, Transport Ministry and the Finance Ministry. 

Besides Mathew, lawyer Lavinia Kumaraendran also appeared for Phang, while counsel Lim Chee Wee appeared for PKA.