Gafoor collected cheques in dead chauffeur's name: report

A report in the Trinidad Express says former Vice President of the Industrial Court, Gladys Gafoor, continued to receive cheques in her dead husband's name six years after he died.

According to the paper, Gafoor listed Anthony Gafoor as her chauffeur and collected cheques issued in his name from October 1995 to October 2001. Anthony Gafoor died on September 13, 1995.

The paper said this information is contained in an affidavit filed by former Registrar of the Industrial Court, Marilin Sammy Wallace.

It said: "In the matter of Sammy Wallace versus the Attorney General HCA S623 of 2003), Wallace alleged that: "On July 2, 2002, the Acting Auditing Assistant of the Court, Mrs Indira Frank wrote to me (Wallace) a memorandum informing me of her observation that Mr Anthony Gafoor was paid as a chauffeur to Mrs Gladys Gafoor during the period June 1, 1994 to October 31, 2001. However, Mr Gafoor departed this life on September 12, 1995."

The report stated further: "Wallace's affidavit stated that on July 2, 2002, she wrote the then vice-president (Gafoor) informing her of the query and enquired how she intended to repay the State the monies paid in respect of the chauffeur allowance for the period September 13, 1995 to October 31, 2001.

The paper said according to the affidavit Wallace said she wrote Gafoor requesting information about her present chauffeur and on July 2, 2002, Anthony Ramjohn informed her in writing that he had assumed duty as the chauffeur of Gafoor since May 13, 2002.

The Express reported further that on July 5, 2002, Gafoor threatened legal action in correspondence copied to the President. "Wallace said the President wrote to her (Wallace) asking that she produce the evidence that the Vice-President had no chauffeur", the paper said.

In said Wallace did not respond to the President's letter, "Because of the tenuous nature and the way this matter was progressing, I had earlier written the Commissioner of Police on June 27, 2003."

The Express said, "In fact, Wallace wrote to a number of persons, including the President, ANR Robinson; Prime Minister Patrick Manning, with whom she had a meeting at his office; the then Attorney General, Glenda Morean, and the then CoP Hilton Guy."

The paper noted that Wallace's letter to Guy stated: "The Vice President of the Court claimed her husband was her chauffeur and as a consequence was paid a chauffeur allowance up to the end of 2001, although her husband died since 1995."

The Express said it has a copy of an Industrial Court pay record card for the period January to November, 2001, in which Anthony Gafoor is named as a chauffeur, in the Salary Scale of Range 17, with the remarks: "Mr Anthony Gafoor is the chauffeur of Mrs Gladys Gafoor."

The paper said when Wallace stopped payment of the $2,500 monthly chauffeur's allowance in October 2002 Gafoor took the matter to court and won.

Justice Mira Dean-Armorer ruled that the issue before the court was whether Gafoor was entitled to have the chauffeur allowance paid to her, or whether it was payable to the chauffeur.

In that context the judge ruled that it was illegal for the Registrar to withhold direct payment of the chauffeur allowance to Gafoor, stating: "The allowance is a perquisite of the office holder and in my view, she is entitled to have it paid to her directly if she so wishes."

She said stopping the payment to Gafoor "would be altering the terms and conditions" of the Vice President and was contrary to Section 5 (3) of the Industrial Relations Act, which prohibits any alteration to the detriment of the terms and conditions of any member and Vice President of the Industrial Court.

The judge ordered the Registrar to compensate Gafoor for the months that she was deprived of the allowance. The judge said the driver was essentially Gafoor's employee and she was entitled to pay him directly.

The Express noted that when Gafoor served as Acting Solicitor General, she gave advice to the then Registrar of the Industrial Court, who sought an opinion on the issue of the chauffeur allowance.

It pointed to a circular dated May 26, 1986, in which Gafoor pointed to the Ministry of Finance Circular No 2 1981, in which it was agreed that "a chauffeur allowance be paid to holders of offices under the purview of the Salaries Review Commission for which a chauffeur allowance is payable, only if the holder of the particular office actually employs a chauffeur".

Gafoor concluded that, "In view of the foregoing, I am of the opinion that such allowance should therefore be paid to members of the court only when a chauffeur is actually employed. And I so advise," the Express said.

Source: www.trinidadexpress.com

Editor's note:

There are a number of unanswered questions about this matter.

While the court ruled that Gafoor was entitled to have the chauffeur's salary paid the obvious question is whether it is legal for anyone to cash a cheque issued to a dead person. Even it at death an account existed for the person, or the person had a joint account, is it legal to deposit funds on behalf of the deceased person?

The other question that arises is whether there was complicity by a bank to what appears to be fraudulent transactions on behalf of a dead person.