Milan, June 3 - Silvio Berlusconi's defence team on Monday asked a Milan court to clear the ex-premier of charges he paid for sex with an underage prostitute and abused his office to try to cover up the affair. Prosecutors have requested Berlusconi be sentenced to six years in jail for allegedly having sex with a former dancer known as 'Ruby' before she was 18 and allegedly abusing his position to spring her from a police station after she had been detained on an unrelated theft claim in 2010 when he was premier. Defence laywer Niccolo' Ghedini, who is also a lawmaker for Berlusconi's People of Freedom (PdL) party, said the three-time premier should be acquitted because the alleged crime "does not exist". "The acts of a public official do not have to be considered a crime," Ghedini said referring to Berlusconi's intervention to remove Ruby from detention the night of May 27-28, 2010 to avoid an international incident because he was under the false impression that she was a relative of Egypt's then president Hosni Mubarak. "They can be (simply) human actions".