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MOHD Shuhaily Mohd Zain is continuing to serve as director-general of the Malaysia Border Control and Protection Agency (AKPS), pending an official letter or instruction on the Home Ministry's decision to return him to the Royal Malaysia Police (PDRM).
His lawyer, Rafique Rashid Ali, said his client retained the authority to discharge his duties, including chairing agency meetings, until formal notification was received.
"He has yet to receive any official instruction or letter. Therefore, he is carrying out his duties because he still has the authority as director-general.
"To date, he has also not been found guilty of any offence. Therefore, he can continue performing his duties and responsibilities as usual," he told reporters at the Kuala Lumpur court complex today.
Rafique said Home Minister Datuk Seri Saifuddin Nasution Ismail should clarify his client's actual employment status following the announcement that Mohd Shuhaily would be returned to PDRM.
He said the situation had triggered public questions and speculation, with Mohd Shuhaily continuing to discharge his responsibilities at AKPS despite the announced decision on his posting.
"People are now questioning the situation when the minister says one thing, but what is happening on the ground suggests otherwise.
"Therefore, Saifuddin needs to clarify this matter because it has given rise to various speculations," he said.
On Oct 29, Saifuddin announced that the Home Ministry had decided to return Mohd Shuhaily to PDRM following the termination of his secondment to AKPS.
However, Inspector-General of Police Mohd Khalid Ismail said on Oct 30 that the process required the consent of the Yang di-Pertuan Agong before Mohd Shuhaily's secondment could be terminated ahead of schedule.
He said PDRM was seeking legal advice from the Attorney-General's Chambers before submitting a formal application for the King's consent.
Mohd Shuhaily, who was appointed AKPS director-general on July 1, 2025, for a two-year term ending June 30, 2027, resumed duty on Nov 2 after taking a week's leave.
He subsequently chaired the agency's Commander's Call Meeting No. 3/2026, attended by senior officers and border commanders, to discuss operational planning for 2027.
Mohd Shuhaily pleaded not guilty at the Sepang Magistrate's Court on Oct 21 to two charges of voluntarily causing hurt to two police personnel in an incident at Kuala Lumpur International Airport (KLIA) on Sept 28. - November 5, 2026
