KUALA LUMPUR, Nov 5 — Embattled Malaysian Border Control and Protection Agency (MBCA) director-general Datuk Seri Mohd Shuhaily Mohd Zain has yet to receive an official transfer letter from the Home Ministry, leaving him legally empowered to lead the agency despite ministerial statements that he is being returned to the police force.

Counsel Muhammad Rafique Rashid Ali confirmed that in the absence of a formal administrative directive, his client remains fully authorised to execute his duties at the helm of the national border agency, FMT reported.

“To date, he has not been found guilty of any offence. He can therefore continue to carry out his duties as usual,” he said when met at the court complex here.

Rafique called on Home Minister Datuk Seri Saifuddin Nasution Ismail to address the administrative ambiguity, arguing that public pronouncements of an impending transfer had generated confusion and invited unnecessary speculation.

“People are now questioning why the minister has announced one thing while what is happening on the ground suggests otherwise. Saifuddin should clarify this matter as it has given rise to speculation,” he said.

The clarification follows Saifuddin's announcement last week that the Home Ministry had decided to terminate Shuhaily's secondment to MBCA and return him to the Royal Malaysia Police (PDRM).

However, despite being described as “on leave” the preceding week, Shuhaily returned to active duty on Monday, formally chairing an MBCA commanders' operational meeting.

Shuhaily, who formerly headed Bukit Aman’s Criminal Investigation Department, was seconded to lead MBCA on a two-year contract commencing July 1 last year.

His tenure was thrust into the spotlight after he claimed trial at the Sepang Magistrate's Court on Oct 21 to two counts of voluntarily causing hurt under Section 323 of the Penal Code, involving an alleged altercation with two Special Branch officers at Kuala Lumpur International Airport (KLIA) in late September.

Any premature termination of his posting also faces a constitutional hurdle.

Inspector-General of Police Tan Sri Mohd Khalid Ismail previously clarified that because Shuhaily's two-year tenure was granted with the consent of the Yang di-Pertuan Agong, any decision to truncate his contract requires the formal assent of the King before taking legal effect.