Delve into the unsettling realities of horrendous crimes, unscrupulous criminals, and the pervasive corruption that infiltrates the legal profession in Australia. Descriptions such as shameful, hideous, and treacherous encapsulate the depth of wrongdoing committed by these lawbreakers. Numerous visitors to this website have remarked on how it vividly portrays a comprehensive landscape filled with criminal activities, particularly highlighting the intricate web of fraud.
Until the late 1990s, the Australian government maintained ownership of the telephone network and its communications carrier, Telecom, now known as Telstra, following its privatization. This monopoly on communications resulted in the gradual deterioration of service quality, ultimately calling for resilience and proactive measures. Instead of initiating essential repairs to our severely lacking telephone services through a government-endorsed arbitration process designed to facilitate resolutions, we found ourselves locked in an uneven struggle. The claimants of the COT Cases faced insurmountable barriers, with ongoing issues related to our telephone and fax services remaining unresolved despite the hundreds of thousands of dollars we invested in pursuing justice through our claims against Telstra. This experience undermined our integrity and highlighted the audacity of the crimes committed against us.
Rather than adopting robust and practical strategies to tackle the persistent telecommunications deficiencies, the government opted for an arbitration process, which was ostensibly intended to create a fair forum for dispute resolution and consumer assistance. However, this system frequently obscured the fundamental issues plaguing the telecommunications sector. Even though the government acknowledged the deeply entrenched and systemic nature of these challenges, its selected approach often seemed more focused on projecting an illusion of care rather than undertaking the meaningful reforms desperately needed to bring about substantial change in the telecommunications landscape.
Transcripts from the Administrative Appeals Tribunal (AAT) dated 8 October 2008 (No V2008/1836) reveal significant testimony provided by Graham Schorer, the spokesperson for COT cases. In an official capacity under oath, Mr Schorer conveyed to two government attorneys and a senior member of the AAT panel that he and I were actively seeking access to a series of freedom of information documents that Telstra had withheld during the critical arbitration discovery process. Our primary objective was to compile a comprehensive and factual narrative that would illuminate and potentially open doors for other similar cases—fewer than sixteen—that could prompt the Senate to advocate for a thorough government investigation into the validity of our claims. Refer to An Injustice to the remaining 16 Australian citizens.
What Mr. Schorer failed to disclose to the attorneys or the presiding judge, Mr. GD Friedman, was a crucial detail that had a bearing on our case: unbeknownst to me, the government had concealed AUSTEL’s Adverse Findings from the then Minister of Communications, The Hon Michael Lee MP, and the arbitrator in March 1994. Alarmingly, these findings were provided to Telstra a mere six weeks before I signed my arbitration agreement. This transfer of information was strategically timed to assist Telstra in mounting a defence against my claims regarding the persistent problems I was experiencing with telephone and fax services, continuing even on the day the information was bestowed upon them.
The government appeared to operate under the belief that preventing me from substantiating my claims was imperative. It was not until November 2007—twelve years after the government initially supplied these AUSTEL’s Adverse Findings to Telstra—that I received access to this critical document. By this point, the utility of the findings had diminished significantly, as they were now five years past the six-year statute of limitations for filing an appeal against my award.
A thorough examination of this report may lead an impartial observer to conclude that the government has patently breached its obligations towards me as an Australian citizen. This breach appears to stem from a discriminatory practice favouring Telstra, a corporation wholly owned by the Australian government—representing the collective interests of the Australian people—during that significant period in March 1994.
Between February and October 2008, senior Administrative Appeals Tribunal (AAT) member Mr G D Friedman considered my AAT Freedom of Information hearing (No V2008/1836) and, on 3 October 2008, stated to me in open court in full view of two government ACMA lawyers and several court witnesses:
“Let me just say, I don’t consider you, personally, to be frivolous or vexatious – far from it.
“I suppose all that remains for me to say, Mr Smith, is that you obviously are very tenacious and persistent in pursuing the – not this matter before me, but the whole – the whole question of what you see as a grave injustice, and I can only applaud people who have persistence and the determination to see things through when they believe it’s important enough.”
Telstra-Corruption-Freehill-Hollingdale & Page
Corrupt practices persisted throughout the COT arbitrations, flourishing in secrecy and obscurity. These insidious actions have managed to evade necessary scrutiny. Notably, the phone issues persisted for years following the conclusion of my arbitration, established to rectify these faults.
Confronting Despair
The independent arbitration consultants demonstrated a concerning lack of impartiality. Instead of providing clear and objective insights, their guidance to the arbitrator was often marked by evasive language, misleading statements, and, at times, outright falsehoods.
Flash Backs – China-Vietnam
In 1967, Australia participated in the Vietnam War. I was on a ship transporting wheat to China, where I learned China was redeploying some of it to North Vietnam. Chapter 7, "Vietnam—Vietcong," discusses the link between China and my phone issues.
A Twenty-Year Marriage Lost
As bookings declined, my marriage came to an end. My ex-wife, seeking her fair share of our venture, left me with no choice but to take responsibility for leaving the Navy without adequately assessing the reliability of the phone service in my pursuit of starting a business.
Salvaging What I Could
Mobile coverage was nonexistent, and business transactions were not conducted online. Cape Bridgewater had only eight lines to service 66 families—132 adults. If four lines were used simultaneously, the remaining 128 adults would have only four lines to serve their needs.
Lies Deceit And Treachery
I was unaware of Telstra's unethical and corrupt business practices. It has now become clear that various unethical organisational activities were conducted secretly. Middle management was embezzling millions of dollars from Telstra.
An Unlocked Briefcase
On June 3, 1993, Telstra representatives visited my business and, in an oversight, left behind an unlocked briefcase. Upon opening it, I discovered evidence of corrupt practices concealed from the government, playing a significant role in the decline of Telstra's telecommunications network.
A Government-backed Arbitration
An arbitration process was established to hide the underlying issues rather than to resolve them. The arbitrator, the administrator, and the arbitration consultants conducted the process using a modified confidentiality agreement. In the end, the process resembled a kangaroo court.
Not Fit For Purpose
AUSTEL investigated the contents of the Telstra briefcases. Initially, there was disbelief regarding the findings, but this eventually led to a broader discussion that changed the telecommunications landscape. I received no acknowledgement from AUSTEL for not making my findings public.
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A Non-Graded Arbitrator
Who granted the financial and technical advisors linked to the arbitrator immunity from all liability regarding their roles in the arbitration process? This decision effectively shields the arbitration advisors from any potential lawsuits by the COT claimants concerning misconduct or negligence.<
The AFP Failed Their Objective
In September 1994, two officers from the AFP met with me to address Telstra's unauthorized interception of my telecommunications services. They revealed that government documents confirmed I had been subjected to these violations. Despite this evidence, the AFP did not make a finding.&am
The Promised Documents Never Arrived
In a February 1994 transcript of a pre-arbitration meeting, the arbitrator involved in my arbitration stated that he "would not determination on incomplete information.". The arbitrator did make a finding on incomplete information.
