A senior Atomic Energy Licensing Board (AELB) officer has admitted in the High Court in Kuala Lumpur that he conducted only one out of 10 possible tests required when two Royal Customs and Excise Department scanners were installed in Bukit Chagar, Johor, last year,

AELB Technical Support Division director Mohd Yasin Sudin admitted to this yesterday, when questioned by lawyer Khoo Guan Huat, who is representing, China-based Nuctech Company Ltd. Yasin said he only conducted an X-ray radiation field test on the scanners.

“I admit there are guidelines set by AELB for the installation of such machines such as scanners. However, I only conducted one of the required tests, namely the X-ray radiation field test, although there are some other tests stipulated in the AELB guidelines,” Yasin ( right )  told the court.

“Yes there is a guideline, but I did not use it when the equipment was installed.”

Yasin, 54, agreed with Khoo that he should have complied with the guidelines, but said he had not done anything wrong as he checked the equipment based on a required checklist.

Some of items in the checklist that were not done was monitoring the equipment for possible leakages, the environment at the time of testing, and also the monitoring of the surrounding area during the testing.

Yasin also told the court that he witnessed the test conducted by Powerscan Company Ltd in China, sometime in 2011 before deciding on the suitability of the equipment to be purchased for the Customs Department.

He was one of the witnesses brought in to testify by the defendants, who are being sued by Nuctech for  copyright infringement.

Nuctech in its suit filed last November named Pan Asiatic Technologies Sdn Bhd (PAT) and its directors Abdul Karim Mohd Hanapiah, Goh Chu Leong, Alies Anor Abdul, with Powerscan named as the third party.

Alies was a former political secretary to Najib Abdul Razak, when he was deputy prime minister.

Nuctech is accusing Powerscan of infringing its patent in the two scanners it provided to PAT for installation at the Bukit Chagar Customs, Immigration and Quarantine (CIQ) Complex.

Nuctech had been providing such scanners and maintaining them for the Customs Department in Port Klang and Penang.

Powerscan, which consists of former Nuctech staff, has been supplying the new scanners to the Bukit Chagar facility.

'Unsigned checklist cannot be accepted'

Yasin, when shown the guidelines by Khoo admitted that these were the guidelines and checklist that he was referring to.

He said if there is no signature on the guidelines or checklist, it cannot be accepted by the AELB.

“It has to be signed by the person doing the testing. If it is not signed, I would not accept the document. Even if it is re-typed, I would not accept it,” Yasin said.

He said he brought an equipment to test for radiation when he boarded a cargo truck for testing the scanner and the reading was normal.

Answering questions from another lawyer, Yasin said he monitored the installation of the equipment once a month.

He also said the tests were not essential as he had viewed the equipment provided by Powerscan while in China.

The hearing before Judicial Commissioner Azizah Nawawi will resume on Aug 18 and 19.

Powerscan is represented by the firm of Kandiah & Sri while PAT was represented by the firm of Chan Leong & Co.