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Until the late 1990s, the Australian government wholly owned Australia’s telephone network and the communications carrier, Telecom (today privatised and called Telstra). Telecom held the monopoly on communications and let the network deteriorate into disrepair. When four small business owners had severe communication problems, they went into arbitration with Telstra. The arbitrations were a sham: the appointed arbitrator not only allowed Telstra to minimise the Casualties of Telstra (COT) members’ claims and losses, but the arbitrator also bowed down to Telstra and let the carrier run the arbitrations. Telstra committed serious crimes during the arbitrations, yet the Australian government and the Australian Federal Police have not held Telstra or the other entities involved in this deceit. 

Corruption poses an existential threat to prosperity, security, and democracy – for Australia and people worldwide. When officials steal from their citizens or oligarchs flout the rule of law, honest businesses cannot compete on a level playing field, poverty grows, the conflict between citizens deepens, and trust in government plummets. In recognition of this terrible threat, I have launched absentjustice.com as a testament showing corruption in the Australian government has existed, at least during and after the Vietnam War.

For a country like Australia to have traded with its enemies while its citizens are dying and being maimed because that trade partner, communist China, is supporting the war effort where Australia's citizens are being killed and maimed is the worst possible treacherous evil-doing by any country on this planet - Chapter 7- Vietnam - Vietcong.

 

Question 81 in the following AFP transcripts Australian Federal Police Investigation File No/1 of their second interview with me during my arbitration confirms the AFP had evidence that Telstra had bugged my telephone conversations. The AFP and arbitrator have been unable to force Telstra to apologize or make recompense for their violation of my private and business life.

Chapter 2 - Illicit screening

Absent Justice - Lost Faxes

Bribery, corruption, misleading and deceptive conduct 

The fax imprint across the top of this letter is the same as the fax imprint described in the Scandrett & Associates report (Open Letter File No/12 and  File No/13), which states:

We canvassed examples, which we are advised are a representative group, of this phenomena [sic]. “They show that

  • the header strip of various faxes is being altered
  • the header strip of various faxes was changed or semi overwritten.
  • In all cases the replacement header type is the same.
  • The sending parties all have a common interest and that is COT.
  • Some faxes have originated from organisations such as the Commonwealth Ombudsman office.
  • The modified type face of the header could not have been generated by the large number of machines canvassed, making it foreign to any of the sending services.”

The fax imprint across the top of this letter dated 12 May 1995 (Open Letter File No 55-Ais the same as the fax imprint described in the 7 January 1999 Scandrett & Associates report provided to Senator Ron Boswell ( Open Letter File No/12 and File No/13), confirming faxes were intercepted during the COT arbitrations. One of the two technical consultants attesting to the validity of this January 1999 fax interception report emailed me on 17 December 2014, stating:

“I still stand by my statutory declaration that I was able to identify that the incoming faxes provided to me for review had at some stage been received by a secondary fax machine and then retransmitted, this was done by identifying the dual time stamps on the faxes provided.” (Front Page Part One File No/14)

My 3 February 1994 letter to Michael Lee, Minister for Communications Hacking-Julian Assange File No/27-A) and a subsequent letter from Fay Holthuyzen, assistant to the minister (Hacking-Julian Assange File No/27-B), to Telstra’s corporate secretary, show that I was concerned that my faxes were being illegally intercepted.

An internal government memo, dated 25 February 1994, confirms that the minister advised me that the Australian Federal Police (AFP) would investigate my illegal phone/fax interception allegations. (Hacking-Julian Assange File No/28, (AFP Evidence File No 4),

Regardless of the Hon Michael Lee, Minister for Communications in the 1994 Labor government advising me during my Fast Track Settlement Proposal (FTSP) signed on 23 November 1993, which became the Fast Track Arbitration Procedure signed on 21 April 1994 that my evidence of phone interception and fax hacking (the screening of my FTSP, and FTAP related claim documents would be investigated and stopped. Evidence 10-C in (Front Page Part One File No/14) shows that my faxes, even to the then Australian Federal Treasurer, The Hon Peter Costello, (while in government), were still being hacked (screened) as late as 2 November 1998, thirty months after the completion of my arbitration.

 

Prologue Evidence File 1-A to 1-C

Absent Justice - The Firm

"COT Case Strategy" 

This is the story of a group of ordinary small-business people fighting one of the country's largest, most dishonourable and untrustworthy companies who retained the legal services of 37 of Australia's most prominent legal firms at the time of those arbitrations.

The story shows that to fix the ongoing telephone problems that sent the group into arbitration, they first had to register their phone faults in writing with one of these 37 legal firms before Telstra could investigate and hopefully fix them. The arbitration claimants were unaware they would need these registered fault complaints as evidence to prove their case.

Unbeknown to the CoT claimants, once a registered phone fault had been handled by one of these legal firms (refer to), the legal firm would not return their fault data to that claimant because it was now classified as Legal Professional Privilege (LPP). Imagine the frustration of knowing you had provided the evidence supporting your case. Still, it was now being withheld from you under LPP, which prevented you from fully supporting your claim before the arbitrator.

As shown on page 5169 in Australia's Government SENATE official Hansard – Parliament of Australia. Telstra's lawyers Freehill Hollingdale & Page devised a legal paper titled "COT Case Strategy" (Prologue Evidence File 1-A to 1-Cinstructing their client Telstra (naming me and three other businesses) on how Telstra could conceal technical information from us under the guise of Legal Professional Privilege even though the information was not privileged. 

 

Evidence Files 

The following links and evidence files have been extracted from over 2,800 similar links and files appended to this website. Upon clicking on any of these links and numbered exhibits, it becomes unequivocally apparent that the COT arbitrations were plagued with pervasive corruption, deception, and misleading conduct, including the perversion of the course of justice. The evidence presented in these links indicates a systemic and deliberate effort to subvert the arbitration process and undermine the integrity of justice.

 

  • Open letter to Prime Minister (Recovered). Read the impactful open letter to the Prime Minister highlighting the government communications regulator's conflict of interest and the injustices they have been involved in before and during the COT arbitrations. 
  • Chapter 3 Betrayal - Breach of Trust. Chapter 3 delves into betrayal and breaches of trust within the establishment, exposing critical issues of misconduct and accountability.
  • Chapter 4 The New Owners Tell Their Story. Chapter 4 explores the perspective of new owners bravely confronting the establishment, offering unique insights into systemic challenges.
  • Chapter 1 - First Remedy pursued November 1993. Explore the pursuit of the first remedy in November 1993 within the context of Australian Federal Police Investigations, uncovering key events and dev…
  • Chapter 4. Chapter 4 of Absent Justice Book 2 unveils striking revelations and details intricate justice and legal battles.
  • Chapter 3. Explore the revelations and insights in Chapter 3 of Absent Justice Book 2, a compelling journey into justice and truth.
  • Chapter 5 - The Eighth Damning Letter. Horrendous and horrifying crimes were committed against ordinary small business operators by Telstra, Australia's largest telecommunications giant…
  • Chapter 7. Join us in unravelling the narrative as Absent Justice Book 2 continues its gripping story in Chapter 7.

 

Numbered Exhibits

The following exhibit numbers are the various evidence exhibits used in Chapters 1 to 12  of Absent Justice - Documentary.

 

Example 1:  File AS 942 = AS-CAV 923 to 946 

Example 2 : File 34-C = AS-CAV Exhibit 1 to 47

AS-CAV Exhibit 1 to 47 – AS-CAV Exhibit 48-A to 91AS-CAV Exhibit 92 to 127AS-CAV Exhibit 128 to 180AS-CAV Exhibit 181 to 233AS CAV Exhibit 234 to 281AS-CAV Exhibit 282 to 323AS-CAV Exhibit 324-a to 420 AS-CAV Exhibit 421 to 469 – AS-CAV Exhibit 470 to 486AS-CAV Exhibit 488-a to 494-e –AS-CAV Exhibits 495 to 541AS-CAV Exhibits 542-a to 588AS-CAV Exhibits 589 to 647AS-CAV Exhibits 648-a to 700 – AS-CAV Exhibit 765-A to 789 AS-CAV Exhibit 790 to 818AS-CAV Exhibit 819 to 843AS-CAV 923 to 946 – AS-CAV Exhibit 1150 to 1169AS-CAV 1103 to 1132AS-CAV Exhibit 1002 to 1019AS-CAV Exhibit 996 to 1001 – GS-CAV Exhibit 1 to 88 GS-CAV Exhibit 89 to 154-bGS-CAV Exhibit 155 to 215GS-CAV Exhibit 216 to 257GS-CAV Exhibit 258 to 323GS-CAV Exhibit 410-a to 447GS-CAV Exhibit 448 to 458 GS-CAV Exhibit 459 to 489GS-CAV Exhibit 490 to 521 GS-CAV 522 to 580GS-CAV Exhibit 581 to 609

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Tampering with Evidence

Tampering With Evidence File No 1-A to 1-C   Tampering With Evidence File No 2   Tampering With Evidence File No 3  Tampering With Evidence File No 4  Tampering With Evidence File No 5  Tampering With Evidence File No 6  Tampering With Evidence File No 7  Tampering With Evidence File No 8-A to 8-C  Tampering With Evidence File No 9  Tampering With Evidence File No/10   Tampering With Evidence File 11-A to 11-B   Tampering With Evidence File No/12-A to 12-E   Tampering With Evidence File No 13  Tampering With Evidence File No 14  AXE Faulty Equipment

Who We Are

As I write this, it is now May 2024 and still, every time I go back to finalise various parts of this website, I have to re-read all the complex details that make up the whole, true, terrible story; my anxiety levels instantly begin to rise alarmingly. No matter what I do, finding the right words to finish the dreadful story is hard. The problem is that none of the COT cases, all honest Australian citizens, should have ever been forced into a situation that would eventually leave us all dealing with so many still-unaddressed crimes.  As this website clearly shows (see opposite →  The situation is worsened by those who worked with Telstra to carry out those still unaddressed crimes. Telstra has so much power that it can stop any authorities, including government authorities, from transparently investigating any of those crimes. It's time to end this injustice and hold those responsible accountable - Absent Justice - Documentary

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Who We Are
Absent Justice Ebook

Read Alan's book

 

Absent Justice - My Story - Senator Ron Boswell

Threats made and carried out.

Page 180 ERC&A, from the official Australian Senate Hansard, dated November 29 1994, reports Senator Ron Boswell asking Telstra's legal directorate why were my FOI documents being withheld from me during my arbitration:

“Why did Telecom advise the Commonwealth Ombudsman that Telecom withheld FOI documents from Alan Smith because Alan Smith provided Telecom FOI documents to the Australian Federal Police during their investigation?”

After receiving a hollow response from Telstra, which the senator, the AFP and I all knew was utterly false, the senator states:

“…Why would Telecom withhold vital documents from the AFP? Also, why would Telecom penalise COT members for providing documents to the AFP which substantiate that Telecom had conducted unauthorised interceptions of COT members’ communications and subsequently dealt in the intercepted information by providing that information to Telecom’s external legal advisers and others?” (Senate Evidence File No 31)

As I have reiterated throughout this website, the threats against me during the arbitration proceedings came to fruition, and the withholding of pertinent documents is deeply concerning. Regrettably, neither the Telecommunications Industry Ombudsman nor the government has investigated the detrimental impact of this malpractice on my overall submission to the arbitrator. Despite assisting the Australian Federal Police (AFP) in their investigation into the illicit interception of phone conversations and arbitration-related faxes, they never came to my aid.

Read About Our Dealings With

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“…the very large number of persons that had been forced into an arbitration process and have been obliged to settle as a result of the sheer weight that Telstra has brought to bear on them as a consequence where they have faced financial ruin if they did not settle…”

Senator Carr

Absent Justice - Where was the Justice 

The following exhibit Senate Evidence File No 12shows I have been threatened twice, once on 16 August 2001 and again on 6 December 2004, that if I disclose the 6 and 9 July 1998 In-Camera Hansard, the Senate will have me charged with contempt of the Senate, even though these Hansards could well have won sixteen arbitration and mediation appeals (An Injustice to the remaining 16 Australian citizens)

Where is justice being served by the Senate, originally set up in Rome centuries ago to be a place for the people to access justice? Throwing me in jail for exposing the truth surrounding what the Senate found regarding Telstra's unethical conduct perpetrated against the COT Cases appears to be in conflict with the reason Australia has a Senate. I certainly do not want to end up in jail for exposing these Australian In-Camber Senate Hansard of 6 and 9 July 1998, which the Victoria Police Major Fraud Group supplied to me, thinking my releasing them publically would bring about an appeal for the remaining sixteen COT Cases the government has discriminated against in the most deplorable fashion. 

In fact, after one National Party senator, Ron Boswell, verbally attacked a very senior Telstra arbitration officer, stating, “You are really a disgrace, the whole lot of you,” he then apologised to the chair of the Senate committee, stating:

“Madam, I withdraw that, but I do say this: this has got a unity ticket going right through this parliament. This has united every person in this parliament – something that no-one else has ever had the ability to do – and Telstra has done it magnificently. They have got the Labor Party, they have got the National Party, they have got the Liberal Party, they have got the Democrats and they have got the Greens – all united in a singular distrust of Telstra. You have achieved a miracle.”

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