Organized Crime and Corruption - Absent Justice

Learn about horrendous crimes and unscrupulous criminals, corrupt politicians and the lawyers who control the legal profession in Australia. Shameful, hideous, and treacherous are just a few words that describe these lawbreakers.

Thomas Jefferson said:

"The end of democracy and the defeat of the American Revolution will occur when government falls into the hands of lending institutions and moneyed incorporations."

Unfortunately, the concerns that were first raised in 1816 by one of America’s most esteemed presidents are now increasingly manifesting in our modern society. In today’s economic landscape, large financial institutions are not merely spectators; they are aggressively acquiring small business operators or penetrating their markets through a variety of means. This trend poses a serious threat to the competitive landscape, significantly diminishing the ability of small businesses to thrive and prosper. As a result, the average citizen, who often relies on these smaller enterprises for employment opportunities and essential services, faces growing challenges that hinder their ability to secure a stable livelihood.

A striking example of this troubling trend can be observed in the context of Australia's legal arbitration system. Recently, the case involving Ericsson has highlighted serious concerns regarding the integrity of legal proceedings. In this instance, Ericsson actively targeted the primary witness involved in the arbitration case known as the Lanes case. This aggressive and strategic maneuver not only compromises the integrity of the legal process but also raises significant questions about fairness, transparency, and the ethical standards that should govern arbitration.

Moreover, the situation in Australia is not an isolated incident. Around the world, various corporate consortiums are systematically acquiring offshore havens to gain control over entities that were once recognized as independent business operators. This alarming consolidation of power threatens to stifle competition, limit market opportunities, and restrict economic growth in many regions, which in turn exacerbates the difficulties faced by average citizens and small business owners.

In the specific case of Lane’s acquisition, after Ericsson took control, the witness’s ability to disclose accurate and truthful information regarding the performance and reliability of Ericsson’s telephone equipment—information that was under scrutiny during the COT arbitrations—was severely compromised. This situation raises profound concerns about potential conflicts of interest, as the independence of Lane's testimony was critical to ensuring a fair and just arbitration process.

The Australian government's initial approval of Ericsson's acquisition of Lane, followed by its continued endorsements, brings to light troubling questions regarding the decision-making process involved and the potential ramifications for transparency and accountability in governance. The implications of this transaction were significant, essentially obstructing the COT Cases from providing complete and substantiated evidence of their claims, while also limiting their ability to appeal decisions within the designated six-year statute of limitations.

Furthermore, Ericsson’s takeover of Lane granted the company sweeping control over all materials related to the COT Cases, particularly concerning the Ericsson AXE arbitration claims. This situation is especially alarming as it involved the possible withholding of critical documents and information that could influence the outcomes of these arbitrations, raising red flags about the fairness of the legal framework in place.

It is crucial to highlight that the arbitration agreement included a pivotal clause that required all parties to return all related documents upon the conclusion of the arbitration process. The failure to comply with this stipulation not only undermines the integrity of the arbitration proceedings but also compromises the rights of the COT participants, who depended on access to these documents to meaningfully support their claims. This entire scenario prompts serious considerations regarding accountability, ethical responsibilities, and the integrity of both corporations and governmental entities that are involved in legal arbitration processes. The overarching implications of these actions should push for a re-evaluation of existing legal frameworks to better protect the interests of small businesses and the average citizen.

I requested copies of the Lane working notes during my pending appeal process. However, John Pinnock, the administrator of my arbitration, responded on 10 January 1996, stating, “I do not propose to provide you with copies of any documents held by this office.” (See Open Letter File No 57-C)

It is crucial to highlight the bribery and corruption issues raised by the US Department of Justice against Ericsson of Sweden on 19 December 2019, as reported in the Australian media.

One of Telstra's key partners in the building out of their 5G network in Australia is set to fork out over $1.4 billion after the US Department of Justice accused them of bribery and corruption on a massive scale and over a long period of time.

Sweden's telecoms giant Ericsson has agreed to pay more than $1.4 billion following an extensive investigation which saw the Telstra-linked Company 'admitting to a years-long campaign of corruption in five countries to solidify its grip on telecommunications business.(https://www.channelnews.com.au/key-telstra-5g-partner-admits-to-bribery-corruption/)

It is clear from THE ERICSSON LIST image below that there is no room for doubt: the US Department of Justice is deeply troubled by Ericsson's unethical commercial practices. The government public servants who greenlit Lane's acquisition by Ericsson should have shown similar concern for the rights of the COT Cases. If they had allowed the COT Cases to amend their technical Ericsson claims, I wouldn't be compelled to write this story to pursue justice.

 

 

Welcome to our overview of the Government-endorsed arbitrations 

The COT Case government-endorsed arbitrations were established by highly paid Australian public servants, who, although not yet elected to parliament, are permitted to advise the government on governance matters. In 1994, a cohort of these non-elected officials reassured the government that no telecommunications issues were affecting the Australian network, which was deemed in excellent condition.

The COT arbitrations were tainted by government corruption and unethical conduct from the time they were signed. It is crucial to uncover the truth about the corrupt politicians and unscrupulous individuals who condoned Telstra's deceptive behaviour before, during, and after the arbitration process. This gross misconduct is nothing short of treachery; it is a betrayal akin to a Judas kiss mixed with dirty dealing. The conduct of the arbitrator, Telstra, and the government officials who have shielded Telstra for three decades displays dirty pool, crookedness, and dishonesty. This behaviour has deep roots within Australia's arbitration system of justice. The skulduggery that ruined so many COT Cases has never disappeared. It's time to shine a light on this injustice and hold those responsible to account.

Bribery and corruption represent pernicious and covert practices often facilitated by a network of professional intermediaries, including bankers, lawyers, accountants, and arbitrators. These individuals are closely associated with opaque financial systems and anonymous shell companies, which serve as conduits for the proliferation of corrupt schemes and the concealment of some of the most egregious crimes committed by public officials in government. The combined impact of bribery, corruption, and political malfeasance poses a significant threat to governmental integrity, as demonstrated by the Casualties of Telstra government-endorsed arbitrations. (Refer to Price Waterhouse Coopers Deloitte).

It became apparent that many of the problems the COT cases experienced originated from either negligence or deliberate actions by several government agencies. Therefore, we have used page 3 of the Australian Herald Sun newspaper dated 22 December 2008, under the heading "Bad bureaucrats," as proof that government public servants must be held accountable for their wrongdoings.

“Hundreds of federal public servants were sacked, demoted or fined in the past year for serious misconduct. Investigations into more than 1000 bureaucrats uncovered bad behaviour such as theft, identity fraud, prying into file, leaking secrets. About 50 were found to have made improper use of inside information or their power and authority for the benefit of themselves, family and friends“

The latest blog by Shane Dowling, author of the Kangaroo Court website, is featured here on Absent Justice because Australian citizens and several other media outlets are still discussing corruption within the public service https://shorturl.at/q4rL1 and https://shorturl.at/5EALA, in 2024 sixteen years after Australian Herald Sun newspaper reported on 22 December 2008, on how bad some of Australia's government bureaucrats are. 

In Australia, akin to other Western nations purportedly governed by the rule of law, Australia’s form of political corruption undermines the operations of both large and small businesses and erodes fundamental democratic principles of justice. Keywords that depict the events during the Casualties of Telstra arbitrations, such as shameful, evil, treacherous, unscrupulous, unconscionable, immoral bias, and nepotism, delineate the nature of the conduct, including the intimidation of the COT Cases during their arbitrations, which the arbitrator and administrator of those processes disregarded. Both have subsequently received the Orders of Australia, as evidenced by the Telecommunications Industry Ombudsman link.

 

Call for justice

Paedophile Activity in Parliament House Canberra 

Unsolved crimes committed against the Casualties of Telstra   

Why did the government allow the COT Cases to sign their arbitration and mediation processes when the Australian Federal Police were investigating the main government witness in that process for alleged child rape in Parliament House Canberra. Possibly worse is that one of the COT Cases had uncovered alleged paedophile activity involving Telstra employees (refer to point 6.8.7 Assistant Commissioner Ethical Standards Command Report 24 May 2001). 

It is therefore essential I raise the AFP transcripts of 10 February 1994, where it is shown Superintendent Jeffrey Penrose and Detective Sergeant Cochrane, Grahm Schorer (COT spokesperson) and Amanda Davis, Ex-government official, discussed a briefcase that Telstra had inadvertently left at my business which had the names of several people in it who like Mr Schorer and myself had our telephone conversations listened to and tapped. Pages 37, 38 and 39 in the transcripts of that AFP interview AFP evidence file GS 18 show that Mr Schorer advised the AFP that ex-Telstra employee Mr Marr provided this telephone interception (phone monitoring evidence) to Senator Bob Collins.

When the COT Cases tried to access these tapes from Senator Bob Collins during the arbitration process, they were never released under FOI or through the arbitration discovery process, even though they were needed to support our various arbitration claims against Telstra that our telephone conversations had been intercepted and tapped without our knowledge and consent. 

When government public servants thought it better to conceal relevant COT Case phone tapping evidence in cases of other evidence being mistakenly provided that shows the Senator was a paedophile during the period he was actively involved in the COT matters, they thought only of protecting the government and to hell with its citizens.

On March 25, 1994, I, Ms. Philippa Smith, Commonwealth Ombudsman, wrote to Telstra's CEO Frank Blount, clearly stating that Telstra had been meticulously scrutinizing FOI documents requested by COT Cases Ann Garms and Alan Smith. This was in response to my disclosure of sensitive information to the media. 

It is important to note that Telstra failed to disclose to the Commonwealth Ombudsman I released sensitive documents to the Australian Federal Police to aid their investigations into Telstra's unauthorized interceptions of my telephone conversations and arbitration-related faxed documents.  Ms Philippa then stated that Telstra informed Mr Wynack, Director of the Commonwealth Ombudsman, that Telstra expected the vetting of the documents to take only a couple of days. (See 2-B - page 3  Home Page – Part One File No/2-B).

The correspondence from Ms. Smith, the Commonwealth Ombudsman, validates that Telstra examined sensitive freedom of information documents before they were disseminated to the COT Cases during their arbitration proceedings. Nevertheless, the correspondence neglects to elucidate Telstra's course of action regarding the sensitive information in instances where it was detrimental to Telstra and government officials, such as Senator Bob Collins, as elaborated below.

It is crucial to emphasize the significance of the four letters dated 17 August 2017, 6 October 2017, 9 October 2017, and 10 October 2017, authored by COT Case Ann Garms shortly before her passing. These letters were addressed to The Hon. Malcolm Turnbull MP, Prime Minister of Australia, and Senator the Hon. Mathias Cormann (See File Ann Garms 104 Document). On 1 June 2021, Mathias Cormann officially assumed office as the Secretary-General of the OECD in Paris, France. Similarly to Australia's former Prime Minister Malcolm Turnbull, he possesses comprehensive knowledge about the legitimacy of the COT Cases claims. (rb.gy/dsvidd)

During the period in which Ann Garms sent the four attached letters, I also communicated with The Hon. Malcolm Turnbull, MP, who held the positions of Minister for Communications and the Prime Minister of Australia. I provided a detailed timeline of events to The Hon. Mathias Cormann, the Minister for Finance, and a lawyer from Hamilton, Victoria. My letter to Mr Cormann was formalized into a statutory declaration dated 26 July 2019, and the lawyer witnessed it. This timeline of events is now firmly incorporated into the webpage Absent Justice Part 1, Part 2 and Part 3.

Ann Garms' letter clearly states that the cover-up surrounding her arbitration issues led to the loss of her home and superannuation. This situation directly resulted from the risks associated with exposing the paedophile activities of former Minister for Communications, Senator Bob Collins, in his Parliament House office during the investigation of the COT Cases. Furthermore, Ann Garms' letter emphasizes that Telstra denied under oath that her business was facing ongoing telephone problems. In contrast, Frank Blount's management in Australia revealed significant issues throughout Telstra's Australian system.

During our separate arbitrations, Senator Collins' illicit activities significantly obstructed the COT claimants' access to freedom of information documents from his office. It is a well-established fact that these documents were deliberately withheld from us COT Cases due to the potential release of non-related papers associated with the raping of aboriginal (one nation) children by Senator Collins in his parliamentary office. These actions would have been severely detrimental to the government if made public.

Allowing the COT Cases to sign their arbitration and mediation processes while the AFP was investigating one of the major players involved in those arbitrations who had been raping children in Parliament House while he was investigating the COT Cases issues as part of his folio in Parliament House Canberra when the COT Cases had also raised phone and fax interception with this same Senator. It has now been proven in the Scandrett & Associates fax interception report Open Letter File No/12 and File No/13 that COT-related arbitration faxes were being intercepted en route to at least one Senator's parliament house office during the COT arbitrations is alarming.

Exhibit 10-C in File No/13 shows that one of my faxes to the Australian Federal Treasurer, The Hon Peter Costello, was intercepted on 2/11/1998. I reiterate that the COT cases should not have been forced into arbitration while the Australian Federal Police investigated Telstra's unauthorised interception of the COT cases' telecommunications services. 

QUESTIONS ON NOTICE: On 15 February 1994, during my settlement /arbitration process, Senator Richard Alston (Shadow Minister for Communications) raised several questions to the Senate Estimates Committee, On Notice, to be answered by Telstra. These are the questions most pertinent to the COT claimants (see Main Evidence File No/29 QUESTIONS ON NOTICE):

1.     Could you guarantee that no Parliamentarians who have had dealings with ‘COT’ members have had their phone conversations bugged or taped by Telstra?

2.    Who authorised this taping of ‘COT’ members’ phone conversations and how many and which Telstra employees were involved in either making the voice recordings, transcribing the recordings or analysing the tapes?

3.    On what basis is Telstra denying copies of tapes to those customers which it has admitted to taping?

4.    (A) How many customers has Telstra recorded as having had their phone conversations taped without knowledge or consent since 1990? (B) Of these, how many were customers who had compensation claims, including ex Telecom employees, against Telecom?

Criminal Conduct 1

Leading up to my arbitration 

Forty-one faxed arbitration-related documents did not arrive at their intended destination. 

On 29 October 1993, two weeks before Casualties of Telstra (COT spokesperson), Graham Schorer, Ann Garms, and I signed our two Fast Track Settlement Proposals (FTSP), Telstra (the defendants), the then assessor and administrator to the (FTSP) forced the four claimants including me to abandon and sign Telstra's highly legalistic arbitration agreements on 21 April 1994. We asked all parties if we could have our fax lines checked for security purposes, and all parties agreed.

In October 1993, there were suspicions that Ann Garms', Graham Schorer's, and my business lines were being bugged. Even though there was no concrete evidence at the time, Ann, with her extensive network of influential contacts, including politicians, had received information suggesting sabotage of her business and that of Brian Grey, Compass Airways.

The statement on this Telstra File 1122 - AS-CAV 1103 to 1132:

Customer - 'TIVOLI THEATER RESTAURANT' Line 1 NDT NRR SUSPECT SABOTAGE ?????--LOOKS LIKE A JOB FOR SUPER SLEUTH SHERLOCK KELLY ???????. 

This document shows even Telstra officials thought Ann's business had been sabotaged. File 1123 - AS-CAV 1103 to 1132 should be read in conjunction with File 1122 and file Prologue Evidence File 1-A to 1-C because it looks like Telstra is implementing a strategy similar to the one used by Freehill Hollingdale & Page (Telstra's Arbitration Layers) who singled the 'Tivoli Theatre Restaurant/Ann Garm and my Cape Bridgewater Holiday Camp /Alan Smith and Graham Schorer, Golden Messenger one of the other two COT businesses.

I am sure Detective Superintendent Sergeant Jeff Penrose of the AFP would recall that on September 26, 1994, I presented five pages of evidence indicating that eighty-one incoming calls registered in Telstra's Portland telephone exchange appeared in the Call Line Identification system CCAS data. Still, the testing equipment data installed at Cape Bridgewater showed they were not connected to my service lines. This occurred over a two-month period. Then, the AFP acknowledged that a massage parlour owner was losing calls to a rival massage parlour in another COT Case. This comparison did not surprise the AFP.

I still have records of these eighty-one lost calls, which I also provided to Darren Kearney, a government representative who visited my business on December 19, 1995. Thus, business sabotage by a minority group within Telstra was not new to the COT Cases. Although this information was presented to the arbitrator, he failed to provide a written finding, either for or against.

Two weeks before all parties agreed to this fax testing process, Graham Schorer, at his Melbourne Golden Messenger Courier Service, and I at my business, Cape Bridgewater holiday camp, had problems sending faxes between our respective offices. This Telstra internal FOI document, K01489, confirms that while Telstra's technicians were testing my Mitsubishi fax machine (using the COT spokesperson's office as the testing base), they made the following statement:

‘During testing the Mitsubishi fax machine some alarming patterns of behaviour was noted”. This document further goes on to state: “…Even on calls that were tampered with the fax machine displayed signs of locking up and behaving in a manner not in accordance with the relevant CCITT Group fax rules. Even if the page was sent upside down the time and date and company name should have still appeared on the top of the page, it wasn’t’

During a received call the machine failed to respond at the end of the page even though it had received the entire page (sample #3) The Mitsubishi fax machine remained in the locked up state for a further 2 minutes after the call had terminated, eventually advancing the page out of the machine. (See See AFP Evidence File No 9)

Faxes screened by the defendants?

 

Where are these faxes stored?

The internal investigators at Telstra failed to disclose to these technicians that I was under electronic surveillance as one of four COT Cases after two Telstra technicians mistakenly left a briefcase at my premises on 3 June 1993. If the contents had fallen into the wrong hands, it could have exposed the Australian government to the fact that Telstra had been deceiving it for years about the actual state of the Telstra copper wire network. As you delve into the COT story, you will see the lasting impact of standing up against a government-owned corporation on your life and that of your immediate family. 

By July/August 1993, I had provided AUSTEL with most of the information I had copied from a briefcase belonging to the government that still owned Telstra. AUSTEL, the communications regulator, was becoming concerned about Telstra's approach to our complaints, particularly their continuous use of outside solicitors. In October 1993, while the regulator was negotiating a commercial settlement proposal for the COT members with Telstra, AUSTEL, the regulator's chairman Robin Davey, made it clear to Telstra's commercial division that the regulator would not be happy if Telstra's solicitors were used in future COT matters. However, Telstra ignored this request and insisted that I register my phone complaints in writing through their nominated solicitor, Denise McBurnie from Freehill Hollingdale & Page, even though I would soon be in litigation with Telstra.

Criminal Conduct 2

Faults in their network

On 3 June 1990, during the period Telstra was telling me they had not found any problems (faults in their network) that were still affecting the viability of my businesses, The Australian (newspaper) printed an article under the heading: Telecom ‘spying’ on its employees, which supports pages 1 to 6 of the AFP transcripts (see Senate Evidence File No/ 44 Part 1 and File No/45 Part). The newspaper article states:

“She said the accusations were contained in a statement by a former member of Telecom’s Protective Services branch.

“Senator Jenkins said the man claimed:

• He and other Telecom employees and private investigators hired by Telecom did secret surveillance on hundreds of compensation recipients. …
• He had been directed by his superior to use whatever methods to get the desired results, even when it was obvious the claimant was genuinely injured.
• Claimants have had a ‘C.CASS run’ on their homes, which is a procedure where a computer can print out all numbers dialled on a home phone.” (See Hacking-Julian Assange File No/19)

Democrat Senator Jean Jenkins told the Senate last week Telecom's activities included bugging workers' homes. …

In February 1994, the AFP visited my business at Cape Bridgewater to discuss my claims that I had recently received FOI documents suggesting Telstra had been monitoring my telephone conversations. The AFP was concerned that Telstra had written the names of various people and businesses I had called on CCAS data records, which collated all incoming and outgoing calls to my business (see Hacking-Julian Assange File No 20). The hand-written notes in the right-hand column of this CCAS data include, against dates, the names of people I telephoned and faxed, e.g., 31 January 1994, GM (Golden Messenger), AUSTEL and the Ombudsman. In one instance, the name Faye Smith appeared on several Telstra documents when I phoned my ex-wife. The writing up of my ex-wife's name on Telstra documentation reflects Senator Jenkin's statements above regarding Telstra's secret surveillance of their employees in 1990 because Telstra used similar tactics in January 1994 while in a litigation process with me.

Exhibits 646 and 647 (see AS-CAV Exhibits 589 to 647) clearly show that Telstra admitted in writing to the Australian Federal Police on 14 April 1994 that my private and business telephone conversations were listened to and recorded over several months, but only when a particular officer was on duty. 

Does Telstra expect the AFP to accept that every time this officer left the Portland telephone exchange, the alarm bell set up to broadcast my telephone conversations throughout the Portland telephone exchange was turned off every time this officer left the exchange? What was the point of setting up equipment connected to my telephone lines that only operated when this person was on duty? When I asked Telstra under the FOI Act during my arbitration to supply me all the detailed data obtained from this special equipment set up for this specially assigned Portland technician, that data was not made available during my 1994.95 arbitration and has still not been made available in 2024.

This individual is the former Telstra Portland technician who supplied an unknown person named 'Micky' with the phone and fax numbers that I used to contact them via my telephone service lines (Refer to Exhibit 518 FOI folio document K03273 - AS-CAV Exhibits 495 to 541)

 

How did Telstra acquire this information?

Has this information been destroyed?

In my initial meeting with the Australian Federal Police (AFP) in February 1994, I provided Superintendent Detective Sergeant Jeff Penrose with authentic Australian newspaper articles. These articles contained concrete evidence that AUSTEL and the AFP had uncovered unauthorized monitoring, recording, and documentation of my telephone conversations dating back to September 1992.

 I established a country get-away club for over forties singles in 1991, focusing on outdoor activities like canoeing, horse riding, caving, and bushwalking. However, club members were subjected to unwelcome, suggestive phone calls, suggesting a breach of our privacy. These calls obtained sensitive information, such as their age and relationship status, from our booking arrangements and the over-forties single information I had shared with interested individuals requesting details about our three-night, four-day adventure country getaways.

Additionally, I informed the AFP about my two separate telephone conversations with The Hon. Malcolm Fraser, former prime minister of Australia, one in April 1993 and another in April 1994. These incidents raise serious concerns about privacy and security.

 

By the middle of 1993, people had become interested in what they had heard about our battle. Several articles had appeared in my local newspaper, and interstate gossip about the COT group was growing. In June, Julian Cress from Channel Nine's 'Sixty Minutes' documentary television (File 24 - AS-CAV Exhibit 1 to 47) programme faxed me:

Just a note to let you know that I had some trouble getting through to you on the phone last Thursday. Pretty ironic, considering that I was trying to contact you to discuss your phone problems.

The problem occurred at about 11 am. On the 008 number I heard a recorded message advising me that 008 was not available from my phone and your direct line was constantly engaged.

Pretty ironic, all right!

A special feature in the Melbourne Age Newspaper gave my new 'Country Get-A-Ways' program a great write-up. It was marketing weekend holidays for over-40s singles in Victoria and South Australia: an outdoor canoe weekend, a walking and river cruise along the Glenelg River, a Saturday Dress-up Dinner Dance with a disco, a trip to the Coonawarra Wineries in South Australia, and a Saturday morning shopping tour to Mt Gambier. I began to feel things were looking up for the Camp.

It was too much to hope for that my telephone saga was ending. A fax arrived on 26 October 1993 from Cathine, a relative of the Age journalist who wrote the feature:

Alan, I have been trying to call you since midday. I have rung seven times to get an engaged signal. It is now 2.45 pm.

In response to my request for feedback between May and October of 1993, I received 36 letters from different individuals and more than 40 other complaints from people who had unsuccessfully tried to respond to my advertisements. The Hadden & District Community House wrote in April 1993:

Several times I have dialled 055 267 267 number and received no response — dead line. I have also experienced similar problems on your 008 number.

Our youth worker, Gladys Crittenden, experienced similar problems while organising our last year's family camp, over a six month period during 1991/1992.

From April 1990 through December 2001, I prioritised sponsoring underprivileged groups to stay at the holiday camp, even during the weeks when the camp was experiencing phone problems. Various charitable organizations coordinated food deliveries for these groups, and coach companies provided a 46-seater school bus, with my endorsed vehicle covering the necessary provisions when I drove. This sponsorship brought in much-needed revenue for the business and helped spread the word as those who visited shared their positive experiences. It's worth noting that the organizers of these groups were so committed that they would drive for hours to make a booking.

The organisers of these groups would drive for hours to make a booking as Loreto College did (see below), then a drive they did.  

The holiday Camp could sleep around 90 to 100 persons in fourteen cabins.  I arranged sponsored food purchases through the generosity of several commercial food outlets, and these groups then just used the camp facilities. It didn’t cost me anything other than a small amount of electricity and gas.  Around May 1992, I organised a charity week for kids from Ballarat and the South West, including Warrnambool, Hamilton and Portland.  This group was organised by Sister Maureen Burke IBVM, the Principal of Loreto College in Ballarat, and I am sure she would not be offended to know that I think of her as the ‘mother’ of the project.

Arrangements regarding food, transport, and any special needs the children might have had to be handled over the phone, and of course, Sister Burke had enormous problems making phone contact; calls were either ringing out, or she was getting a deadline or a message that the number she was ringing was not connected to the Telstra network. Sister Burke knew otherwise. On two occasions in 1992, after trying in vain all through one week, she drove the 3½ hours to make the final arrangements for those camps.

Just as she arrived at the Camp, Karen took a phone call from a furious man who wanted information about a singles weekend we were trying to set up. This caller was quite abusive. He couldn't understand why we were advertising a business but never answered the phone. Karen burst into tears. She had reached the end of her tolerance, and nothing I could say was any help. When Sister Burke appeared in the office, I decided absence was the better part of valour and removed myself, leaving the two women together. Much later, Sister Burke came out and told me she thought it probably best for both of us if Karen were to leave Cape Bridgewater. I felt numb. It was all happening again.

But it wasn't the same as it had been with Faye. Karen and I sat and talked. True, we would separate, but I assured her that she would lose nothing because of her generosity and that I would do whatever was necessary to buy her out. We were both relieved at that. Karen rented a house in Portland, and we remained good friends, though, without her day-to-day assistance at the Camp, which had given me space to travel around, I had to drop my promotional tours.

Twelve months later, in March of 1993, Sister Karen Donnellon, also from Loreto College, tried to make contact via the Portland Ericsson telephone exchange to arrange an annual camp.   Sister Donnellon later wrote:

“During a one week period in March of this year I attempted to contact Mr Alan Smith at Bridgewater Camp.  In that time I tried many times to phone through.

Each time I dialled I was met with a line that was blank.  Even after several re-dials there was no response.  I then began to vary the times of calling but it made no difference.” File 231-B → AS-CAV Exhibit 181 to 233

Some years later, I sent Sister Burke an early draft of my manuscript, Absent Justice My Story‘, concerning my valiant attempt to run a telephone-dependent business without a dependent phone service. Sister Burke wrote back,

“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”  File 231-A → AS-CAV Exhibit 181 to 233

Of course, Sister Maureen Burke and Sister Karen Donnellon persisted with their continuing battle to find a way to get a proper telephone connection for the holiday camp, partly because it was a low-cost holiday for all concerned but also because these incredible women were well aware that my business was continuing to exist, albeit ‘by the skin of its teeth, even though Telstra’s automated voice messages kept on telling prospective customers that the business did not exist or the callers simply reached a dreaded silence that appeared to indicate that the number they had called was attached to a ‘dead’ line.  Either way, I lost the business that may have followed if only the callers could have successfully connected to my office via this dreaded Ericsson AXE telephone exchange.

A letter dated 6 April 1993, from Cathy Lindsey, Coordinator of the Haddon & District Community House Ballarat (Victoria) to the Editor of Melbourne’s Herald-Sun newspaper,  read:

“I am writing in reference to your article in last Friday’s Herald-Sun (2nd April 1993) about phone difficulties experienced by businesses.

I wish to confirm that I have had problems trying to contact Cape Bridgewater Holiday Camp over the past 2 years.

I also experienced problems while trying to organise our family camp for September this year. On numerous occasions I have rung from both this business number 053 424 675 and also my home number and received no response – a dead line.

I rang around the end of February (1993) and twice was subjected to a piercing noise similar to a fax. I reported this incident to Telstra who got the same noise when testing.” Evidence File 10 B 

During this same period, 1992 and 1993, Cathy Lindsey, a professional associate of mine Cathy, signed a Statutory Declaration, dated 20 May 1994, explaining several sinister happenings when she attempted to collect mail on my behalf from the Ballarat Courier Newspaper office (File 22 Exhibit 1 to 47).  This declaration leaves questions unanswered about who collected my mail and how they knew there was mail to be collected from the Ballarat Courier mail office.  On both occasions, when a third person collected this mail, I telephoned Cathy, informing her that the Ballarat Courier had notified me that mail was waiting to be picked up.

On pages 12 and 13 of the transcript from the AFP inquiry into my allegations that Telstra unlawfully intercepted my telephone conversations, the AFP state at Q59 Australian Federal Police Investigation File No/1:-

“And that, I mean that relates directly to the monitoring of your service where, where it would indicate that monitoring was taking place without your consent?” File 23-A Exhibit 1 to 47

I also provided the AFP Telstra documents showing that Telstra was worried about my telephone complaint evidence because if it ever reached an Australian court, I had a 50% chance of proving that Telstra had systemic phone problems in their network. In simple terms, Telstra was operating outside of its license to operate a telephone service, charging its customers for a service not provided.  

On 12 July 1993, a newspaper article from the Portland Observer Newspaper headed ‘Network Complaints Taken Up by MPs’ and notes:

“Problems highlighted by Cape Bridgewater Holiday Camp operator Alan Smith, with the Telecom network have been picked up on by not only other disgruntled customers but Federal politicians. Having suffered a faulty telephone service for some five years, Mr Smith’s complaints had for some time fallen on deaf ears, but it now seems people are standing up and listening. Federal Member for Wannon, David Hawker, described the number of reports of faulty and inadequate telephone across Australia as alarming. Mr Hawker said that documents recently presented to him showed that the problems people had been experiencing Australia wide had been occurring repeatedly in the Portland region.” (See Cape Bridgewater Chronology of Events File No -17)

The pressure on all four COT cases was immense, with TV and newspaper interviews and our continuing canvassing of the Senate. The stress was telling by now, but I continued to hammer for a change in rural telephone services. The Hon David Hawker MP, my local Federal member of parliament, had been corresponding with me since 26 July 1993.

“A number of people seem to be experiencing some or all of the problems which you have outlined to me. …

“I trust that your meeting tomorrow with Senators Alston and Boswell is a profitable one.” (See Arbitrator File No/76)

The Hon David Hawker MP, my local Federal Member of Parliament, corresponded with me from 26 July 1993.

On 18 August 1993, The Hon. David Hawker MP wrote to me again, noting:

“Further to your conversations with my electorate staff last week and today I am enclosing a copy of the correspondence I have received from Mr Harvey Parker, Group Managing Director of Commercial and Consumer division of Telecom.

“I wrote to him outlining the problems of a number of Telecom customers in the Western Districts, including the extensive problems you have been experiencing.” (Arbitrator File No/77)

Children's lives could be at risk

Comments made from the Herald Sun newspaper dated 30 August 1993 confirm just how damaging some of these newspaper articles were to my already ailing business with statements like:

“The Royal Children’s Hospital has told a holiday camp operators in Portland that it cannot send chronically ill children there because of Telecom’s poor phone service. The hospital has banned trips after fears that the children’s lives could be at risk in a medical emergency if the telephone service to the Portland camp continued to malfunction”.

The centre’s stand follows letters from schools, community groups, companies and individuals who have complained about the phone service at Portland’s Cape Bridgewater Holiday camp.”

Youths from the Royal Children’s Centre for Adolescent Health, who were suffering from “chronic illnesses”, visited the camp earlier this year.   

Group leader Ms Louise Rolls said in a letter to the camp the faulty phones had endangered lives and the hospital would not return to the camp unless the phone service could be guaranteed” Arbitrator File No/90

After the Melbourne Children's Hospital recorded a near-death experience with me having to rush a sick child with cancer to the Portland Hospital 18 kilometres away from my holiday camp, Telstra finally decided to take my telephone faults seriously. None of the 35 children (all with cancer-related illnesses) had mobile phones, or the six or so nurses and carers. Mobile telephones could not operate successfully in Cape Bridgewater until 2004, eleven years after this event. 

After five years, it took almost a tragedy for Telstra to send someone with real technical experience to my business. Telstra's visit happened on 3 June 1993, six weeks after the Children's Hospital vowed never to revisit my camp until I could prove my camp was telephone fault-free. No hospital where convalescent is a good revenue spinner has ever visited my business, even after I sold it in December 2001. 

In August 1993, Rita Espinoza from the Chilean Social Club (File 34-A AS-CAV Exhibit 1 to 47) wrote:

I tried to ring you in order to confirm our stay at your camp site. I found it impossible to get through. I tried to ring later but encountered the same signal on 10 August around 7 – 8.30 pm. I believe you have a problem with the exchange and strongly advise you contact Telstra.

Do you remember the same problem happened in April and May of this year?

I apologise but I have made arrangements with another camp.

On 9 December 1993, the Hon David Hawker MP wrote to congratulate me for my “persistence to bring about improvements to Telecom’s country services. I regret that it was at such a high personal cost.” (See Arbitrator File No/82)

This was very affirming, as was another letter dated 9 December 1993 and copied to me from the Hon David Beddall MP, Minister for Communications, in the Labor government, who wrote:

“Let me say that the Government is most concerned at allegations that Telecom has not been maintaining telecommunications service quality at appropriate levels. I accept that in a number of cases, including Mr Smith’s there has been great personal and financial distress. This is of great concern to me and a full investigation of the facts is clearly warranted.” (Arbitrator File No/82)

Even though I had been able to show the government prior to arbitration that Telstra was installing poor-quality infrastructure in the Cape Bridgewater network and the government regulator was allowing Telstra to test their own customers' complaints, even those who were to enter arbitration, no one bothered to investigate.

I have brought up the Ericsson AXE telephone exchange faults documents (see below) because, during a meeting with Hon. David Hawker, we discussed the impact of the AXE equipment installed in the telephone exchanges in his electorate, which seemed to be negatively affecting many businesses. I offered to continue supplying FOI documents received from Telstra to Mr Hawker, who would then pass them on to the Shadow Minister for Communications, Senator Richard Alston. I followed up by sending him (False Witness Statement File No 3-A), which he forwarded to Senator Alston. This document was subsequently raised in the Senate "On Notice" on 24 February 1994

Malfeasance

Ongoing Ericsson AXE telephone problems

A further Telstra documents, in this illusive briefcase dated 2 July 1992, concerning the Portland AXE telephone exchange states:

“Our local technicians believe that Mr Smith is correct in raising complaints about incoming callers to his number receiving a Recorded Voice Announcement saying that the number is disconnected.

“They believe that it is a problem that is occurring in increasing numbers as more and more customers are connected to AXE.” (See False Witness Statement File No 3-A)

It is confirmed from this other Telstra document that Telstra already knew my phone complaints were valid. This can best be viewed by reading Folios C04007 and C04008, headed TELECOM SECRET (see Front Page Part Two 2-B), states:

“Legal position – Mr Smith’s service problems were network related and spanned a period of 3-4 years. Hence Telecom’s position of legal liability was covered by a number of different acts and regulations. … In my opinion Alan Smith’s case was not a good one to test Section 8 for any previous immunities – given his evidence and claims. I do not believe it would be in Telecom’s interest to have this case go to court.

“Overall, Mr Smith’s telephone service had suffered from a poor grade of network performance over a period of several years; with some difficulty to detect exchange problems in the last 8 months.”

On 3 March 1994, this article appeared in the Portland Observer newspaper (AS 773-b), noting:

“Federal Police officers are investigating allegations of possible illegal activity on the part of Telecom Australia.

Officers from the Federal Police visited Portland last week and interviewed Cape Bridgewater Holiday Camp proprietor, Alan Smith, who is one of the four original members of COT (Casualties of Telecom).”

My 3 February 1994 letter to Michael Lee, Minister for Communications (see Hacking-Julian Assange File No/27-A) and a subsequent letter from Fay Holthuyzen, assistant to the minister (see 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)

AUSTEL (the then government communications authority) wrote to Telstra during the early part of the COT arbitrations on 10 February 1994, stating:

“Yesterday we were called upon by officers of the Australian Federal Police in relation to the taping of the telephone services of COT Cases.

“Given the investigation now being conducted by that agency and the responsibilities imposed on AUSTEL by section 47 of the Telecommunications Act 1991, the nine tapes previously supplied by Telecom to AUSTEL were made available for the attention of the Commissioner of Police.” (See Illegal Interception File No/3)

Question 81 in the following AFP transcripts, Australian Federal Police Investigation File No/1, confirms that the AFP told me that AUSTEL's John MacMahon had supplied the AFP evidence that my phones had been bugged over an extended period. Why did the arbitrator not award me in his official findings concerning this evidence after he was supplied with these AFP transcripts, which note:?

"... does identify the fact that, that you were live monitored for a period of time. See we're quite satisfied that, there are other references to it".

A letter dated 2 March 1994 from Telstra’s Corporate Solicitor, Ian Row, to Detective Superintendent Jeff Penrose (refer to Home Page Part-One File No/9-A to 9-C) strongly indicates that Mr Penrose was grievously misled and deceived about the faxing problems discussed in the letter. Over the years, numerous individuals, including Mr Neil Jepson, Barrister at the Major Fraud Group Victoria Police, have rigorously compared the four exhibits labelled (File No/9-C) with the interception evidence revealed in Open Letter File No/12 and File No/13. They emphatically assert that if Ian Row had not misled the AFP regarding the faxing problems, the AFP could have prevented Telstra from intercepting the relevant arbitration documents in March 1994, thus avoiding any damage to the COT arbitration claims. 

In my case, as evidenced by the following two links, the arbitrator's failure to compel Telstra to address my ongoing telephone issues enabled Telstra to persist in ignoring the problems. This ultimately led to my reluctant decision to sell my Cape Bridgewater Holiday Camp and residence in December 2001 after enduring seven years of ongoing telephone problems after completing my arbitration on 11 May 1995. Subsequently, the new owners, Jenny and Darren Lewis, encountered the same phone faults, corroborated by the following two links. By December 2008, their bankruptcy declaration in the Melbourne Magistrates Court resulted in their eviction from the property in August 2009, leaving them broken. Chapter 4, The New Owners Tell Their Story, and Chapter 5, Immoral - hypocritical Conduct.

Upon discovering that the COT Cases had engaged the services of George Close and Associates to assist with their arbitration claims, Telstra took proactive measures. Specifically, they implemented a facsimile interception system at Mr. Close's residence and office. The objective was to intercept the FOI documents Mr Close was instructing his COT Case, clients, to access from Telstra, a critical component for the claimants' chances of success in their claim.

 

MOST IMPORTANT MESSAGE TO DATE

George Close & Associates 

 

 

When Geroge Close (the arbitration technical advisor to the COT Cases) visited my residence in Cape Bridgewater after learning his Buderim (Queensland) residence and his office was the conduit (the central location) to where this screening of the advice he gave the COT Cases on what documents they needed to access from Telstra under FOI detailing why this technical information was needed to support their arbitration claims, I showed him Open Letter File No/12,  File No/13,  Front Page Part One File No/1,Front Page Part One File No/2-A to 2-E, Front Page Part One File No/4 and Front Page Part One File No/5, we discussed the effect of these intercepted/hacked faxes on the COT Cases overall submissions to the arbitrator.

Mr Close later sent me an email on 5 August 2011 to assist me in exposing what the Telstra Corporation had been able to do (and get away with) during the COT arbitrations to gain an advantage over all of the COT Cases' claims before the arbitrator. His eyes were full of sadness, thinking it was his residence and office and the advice given to the COT Cases from it that had caused the COT Cases so much damage (see Front Page Part One File No/26).

“I recall a discussion with Senator Ron Boswell during the late 90’s.

“He had been shown fax’s  which had clear indication of change in the headers, indicating interruption in transmission by a third party or parties.

“He questioned whether it was possible that faxes to and from senators could be interrupted, read or copies.

“My response in the affirmative brought about an expression of extreme anger. Stating that if it could be proven that it occurred the offender(s) would be jailed.

“If required I am prepared to re-state this on an affidavit.”

So far, no one in Australia has even been brought to account, let alone jailed, for the terrible invasion of the COT cases’ private and business lives.

Telstra is run by 'thugs in suits' 

 

The 91 questions contained within the AFP transcripts, meticulously prepared during my arbitration on 26 September 1994 under Australian Federal Police Investigation File No/1, serve to substantiate the AFP's profound apprehension regarding the interception of my faxes and telephone conversations over an extended period. Pages 12 and 13 of the AFP transcripts prominently feature their concern over Telstra arbitration liaison officer Paul Rumble's explicit threat to discontinue the provision of FOI documents in the event of my continued assistance to the AFP in their inquiries into Telstra's interception of my telephone and arbitration-related faxes.

In September 1994, the Australian Federal Police (AFP) encountered challenges establishing the requisite grounds to prosecute Telstra for severe privacy breaches, notwithstanding compelling evidence. The report from Scandrett & Associates, submitted to Senator Ron Boswell on 7 January 1999 (see Open Letter File No/12 and File No/13), presents incontrovertible evidence that faxes were unlawfully intercepted during the COT arbitrations. The absence of this report at an earlier juncture undoubtedly caused irreparable harm to several COT Cases and their families.

 

Illicit fax screening 

 

Where are my lost arbitration-related documents?

Exhibit 10-C → File No/13 in the Scandrett & Associates report Pty Ltd fax interception report (refer to (Open Letter File No/12 and File No/13), confirms my letter of 2 November 1998 to the Hon Peter Costello Australia's then Federal Treasure was intercepted scanned before being redirected to his office. These intercepted documents to government officials were not isolated events, which, in my case, started at least in September 1992 (fourteen months before I signed my Fast Track Settlement Proposal on 23 November 1993 and continued to at least 2 November 1998, more than three years after the conclusion of my arbitration.

Page 180 ERC&A, from the official Australian Senate Hansard, dated November 29, 1994, details Senator Ron Boswell's inquiry to Telstra's legal directorate regarding withholding my 'Freedom of Information' documents during arbitration, stating: 

“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)

The threats became a harsh reality. The withholding of relevant documents is particularly appalling because neither the TIO office nor the government has conducted an investigation into the detrimental impact this had on my overall submission to the arbitrator. Both the arbitrator and the government, which wholly owned Telstra at the time, should have probed into why an Australian citizen who aided the AFP in their investigations into unlawful interception of telephone conversations and arbitration-related faxes was significantly disadvantaged during a civil arbitration.

 

"I just wonder what relevance this has"

"Do you use your intelligence networks in these CoT cases."

Senate Hansard on 24 June 1997 (refer to pages 76 and 77 - Senate - Parliament of Australia Senator Kim Carr states to Telstra’s main arbitration defence Counsel (also a TIO Council Member) Re: Alan Smith: 

Senator CARR – “In terms of the cases outstanding, do you still treat people the way that Mr Smith appears to have been treated? Mr Smith claims that, amongst documents returned to him after an FOI request, a discovery was a newspaper clipping reporting upon prosecution in the local magistrate’s court against him for assault. I just wonder what relevance that has. He makes the claim that a newspaper clipping relating to events in the Portland magistrate’s court was part of your files on him”. …

Senator SHACHT – “It does seem odd if someone is collecting files. … It seems that someone thinks that is a useful thing to keep in a file that maybe at some stage can be used against him”.

Senator CARR – “Mr Ward,  (Telstra) we have been through this before in regard to the intelligence networks that Telstra has established. Do you use your internal intelligence networks in these CoT cases?”

The most alarming situation regarding the intelligence networks that Telstra has established in Australia is who within the Telstra Corporation has the correct expertise, i.e. government clearance, to filter the raw information collected before that information is impartially catalogued for future use. 

More importantly, when Telstra was fully privatised in 2005/2006, which organisation in Australia was given the charter to archive this sensitive material that Telstra had been collecting about their customers for decades?

PLEASE NOTE:

At the time of my altercation referred to in the above 24 June 1997 Senate - Parliament of Australia, my bankers had already lost patience and sent the Sheriff to ensure I stayed on my knees. I threw no punches during this altercation with the Sheriff, who was about to remove catering equipment from my property, which I needed to keep trading. I placed a wrestling hold ‘Full Nelson’ on this man and walked him out of my office. All charges were dropped by the Magistrates Court on appeal when it became evident that this story had two sides.

 

Criminal Conduct 4

“COT Case Strategy” 

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” (see Prologue Evidence File 1-A to 1-C) instructing 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. 

This COT Case Strategy was to be used against me, my named business, and the three other COT case members, Ann Garms, Maureen Gillan and Graham Schorer, and their three named businesses. Simply put, we and our four businesses were targeted even before our arbitrations commenced. The Kangaroo Court was devised before the four COT Cases signed our arbitration agreements. 

It is paramount that the visitor reading absentjustice.com understands the significance of page 5169 at points 29, 30, and 31 SENATE official Hansard – Parliament of Australia, which note: 

29. Whether Telstra was active behind-the-scenes in preventing a proper investigation by the police is not known. What is known is that, at the time, Telstra had representatives of two law firms on its Board—Mr Peter Redlich, a Senior Partner in Holding Redlich, who had been appointed for 5 years from 2 December 1991 and Ms Elizabeth Nosworthy, a partner in Freehill Hollingdale & Page who had also been appointed for 5 years from 2 December 1991.  

One of the notes to and forming part of Telstra’s financial statements for the 1993- 94 financial year indicates that during the year, the two law firms supplied legal advice to Telstra totalling $2.7 million, an increase of almost 100 percent over the previous year. Part of the advice from Freehill Hollingdale & Page was a strategy for "managing" the "Casualties of Telecom" (COT) cases.

30. The Freehill Hollingdale & Page strategy was set out in an issues paper of 11 pages, under cover of a letter dated 10 September 1993 to a Telstra Corporate Solicitor, Mr Ian Row from FH&P lawyer, Ms Denise McBurnie (see Prologue Evidence File 1-A to 1-C).  The letter, headed "COT case strategy" and marked "Confidential," stated:

• "As requested I now attach the issues paper which we have prepared in relation to Telecom’s management of ‘COT’ cases and customer complaints of that kind. The paper has been prepared by us together with input from Duesburys, drawing on our experience with a number of ‘COT’ cases. . . ."

31. The lawyer’s strategy was set out under four heads: "Profile of a ‘COT’ case" (based on the particulars of four businesses and their principals, named in the paper); "Problems and difficulties with ‘COT’ cases"; "Recommendations for the management of ‘COT’ cases; and "Referral of ‘COT’ cases to independent advisors and experts". The strategy was in essence that no-one should make any admissions and, lawyers should be involved in any dispute that may arise, from beginning to end. "There are numerous advantages to involving independent legal advisers and other experts at an early stage of a claim," wrote Ms McBride . Eleven purported advantages were listed.

Back then, Mr Redlich was, in most people's eyes, one of the finest lawyers in Australia at that time. He was also a stalwart within the Labor Party, a one-time friend of two Australian Prime Ministers (Gough Whitlam and Bob Hawke) and a long-time friend of Mark Dreyfus, Australia's current Attorney General in 2024, so who would be the slightest bit interested in listening to my perspective in comparison to someone so highly qualified and with such vital friends? 

And remember, the COT strategy was designed by Freehill Hollingdale & Page when Elizabeth Holsworthy (a partner at Freehill's) was also a member of the Telstra Board, along with Mr Redlich. The whole aim of that ‘COT Case Strategy’ was to stop us, the legitimate claimants against Telstra, from having any chance of winning our claims. Do you think my claim would have even the tiniest possibility of being heard under those circumstances?

While I am not condemning either Mr Redlich or Ms Holsworthy for any personal wrongdoing as Telstra Board members, what I am condemning is their condoning of the COT Cases Strategy designed to destroy any chance of the four COT Cases (which included me and my business), of a proper assessment of the ongoing telephone problems that were destroying our four businesses. I ask how any ordinary person could get past Telstra's powerful Board. After all, in comparison to these so-called highly qualified, revered Aussie citizens, I am just a one-time Ships’ Cook who purchased a holiday camp with a very unreliable phone service.

The fabricated BCI report (see Telstra’s Falsified BCI Report and BCI Telstra’s M.D.C Exhibits 1 to 46 is most relevant because Telstra's arbitration defence lawyers provided it to Ian Joblin, a forensic psychologist who was assigned by Freehill Hollingdale & Page to assess my mental state during my arbitration. it is linked to statements made in the following page 5169 SENATE official Hansard – Parliament of Australia concerning Telstra having adopted the Freehill Hollingdale & Page - COT Case Strategy during the COT arbitrations, which Denise McBurnie of Freehill Hollingdale & Page had spuriously prepared. 

What I did not know, when I was first threatened by Telstra in July 1993 and again by Denise McBurnie in September 1993, that if I did not register my telephone problems in writing with Denise McBurnie, then Telstra would NOT investigate my ongoing fault complaints is that this "COT Case Strategy" was a set up by Telstra and their lawyers to hide all proof that I genuinely did have ongoing telephone problems affecting the viability of my business.  

This continual writing up of individual telephone faults to these lawyers, Freehill Hollingdale & Page, to have Telstra investigate them almost sent me insane. Instead of keeping this fault evidence, I provided it to Telstra, believing this would assist them in locating the problems my business was experiencing. 

I was unaware I would later need this evidence for an arbitration process. This arbitration process meant I had to retrieve from Telstra the exact documentation I had previously provided to this legal firm under Freedom of Information. Imagine the frustration of knowing that you had already provided the evidence supporting your case, but Telstra and their lawyers were now withholding it from you.

If this wasn’t soul-destroying enough, imagine learning that the lawyer with whom you were being forced to register your phone complaints devised a legal paper titled “COT Case Strategy”(Prologue Evidence File 1-A to 1-C)​  instructing their client Telstra (naming me and my business) on how Telstra could conceal this technical information from me under the guise of Legal Professional Privilege even though the information was not privileged (as page 5169  SENATE official Hansard – Parliament of Australia shows. The worst was to come later during my 1994/95 arbitration.  

 

It was not of Mr Joblin's hand 

It bore no signature of the psychologist

As shown in government records, the government assured the COT Cases (see point 40 Prologue Evidence File No/2), Freehill Holingdale & Page would have no further involvement in the COT issues the same legal firm which when they provided Ian Joblin, clinical psychologist's witness statement to the arbitrator, it was only signed by Maurice Wayne Condon, of Freehill's. It bore no signature of the psychologist.

In my arbitration in 1994, I revealed to Mr. Joblin that Telstra had been monitoring my daily movements since 1992 and that FOI documents showed Telstra had redacted those recorded conversations. This revelation greatly troubled Mr. Joblin, who realized he had been deceived by Telstra's lawyers, Freehill Hollingdale & Page. I presented evidence that Freehill Hollingdale & Page had provided him with a false report regarding my phone problems before he interviewed me. Mr. Joblin acknowledged that his findings would address this concern. Nonetheless, there were no adverse findings against Telstra or Freehill Hollingdale & Page.

My Joblin was adamant that he would mention in his findings to Freehill Hollingdale & Page that Telstra's treatment of me was not proper and fit and that Telstra's methods of assisting me needed to be reviewed. There were no adverse findings against Telstra nor Freehill Hollingdale & Page. 

Did Maurice Wayne Condon remove or alter any reference to Ian Joblin's initial writing about me being of sound mind? 

On 21 March 1997, twenty-two months after the conclusion of my arbitration, John Pinnock (the second appointed administrator to my arbitration), wrote to Telstra's Ted Benjamin (see File 596 - AS-CAV Exhibits 589 to 647 asking: 

1...any explanation for the apparent discrepancy in the attestation of the witness statement of Ian Joblin .

2...were there any changes made to the Joblin statement originally sent to Dr Hughes compared to the signed statement?" 

The fact that Telstra's lawyer, Maurice Wayne Condon of Freehill's, signed the witness statement without the psychologist's signature shows how much power Telstra lawyers have over the legal system of arbitration in Australia.

What has shocked most people who have read several other witness statements submitted by Telstra in various other COT Cases arbitration processes, as well as mine, is that although the senate was advised that signatures had also been fudged or altered in my case, changing or altering a medically diagnosed condition to suggest I was mentally disturbed is hinging on more than just criminal conduct. Maurice Wayne Condon must have attested to seeing a signature on an arbitration witness statement prepared by Ian Joblin, a clinical psychologist, when no signature by Ian Joblin was on this affirmation, proving that the COT story must be investigated.  

Since then, the lawyer from Freehill Hollingdale & Page, whose signature was on the undersigned witness statement, has shocked several senators, including Senator Joyce. This lawyer was from the same law firm whose "COT Case Strategy" was set up by Telstra and its lawyers to hide all relevant technical proof that the COT Cases truly did have ongoing telephone problems affecting the viability of their businesses. 

Senator Bill O’Chee expressed serious concern over John Pinnock's failure to respond to his letter dated 21 March 1997 addressed to Ted Benjamin of Telstra. This lack of response, coupled with evidence from another COT Case suggesting that Telstra or their legal representatives had tampered with statutory declarations during arbitration, prompted Senator Bill O'Chee to write to Graeme Ward, Telstra's regulatory and external affairs, on 26 June 1998 (refer to File GS-CAV Exhibit 258 to 323 on 26 June 1998), stating.

“I note in your letter’s last page you suggest the matter of the alteration of documents attached to statutory declarations should be dealt with by the relevant arbitrator. I do not concur. I would be grateful if you could advise why these matters should not be referred to the relevant police."

There was no transparent outcome to this matter. What did occur from Senator O'Chee's statement regarding Telstra stating it was up to the relevant arbitrator to deal with the unlawful conduct of altering statutory declarations is that when an investigation by the COTs concerning why Dr Gordon Hughes allowed this type of conduct to occur unchallenged is that he as a partner of another large legal firm withheld vital Telstra documents from COT Case Graham Schorer when he was Dr Hughes client in a Federal Court Action against Telstra four years previous see Chapter 3 - Conflict of Interest shows,  

It is October 2024, and I have still never seen a copy of the advice that John Pinnock was officially entitled to receive from Telstra regarding this unsigned arbitration witness statement by Ian Joblin, clinical psychologist - re Maurice Wayne Condon attesting to seeing the signature on the witness statement when it was not there at all. 

Criminal Conduct 5

Clicking on the Senate caption below will bring up the YouTube story of Ann Garms (now deceased), who was also named in the Senate as one of the five COT Cases who had to be 'stopped at all costs' from proving her case. The sabotage document Ann Garms discusses in the YouTube below that was withheld from her by the government-owned Telstra corporation, costing more than a million dollars in arbitration and appeal costs, is now disclosed here as File 1122 and 1123 - AS-CAV 1103 to 1132. It may be for the best that Ann appears not to have seen this Telstra FOI document before she died.  

This strategy was in place before we five signed our arbitration agreements 

Stop the COT Cases at all cost

Worse, however, the day before the Senate committee uncovered this COT Case Strategy, they were also told under oath, on 24 June 1997 see:- pages 36 and 38 Senate - Parliament of Australia from an ex-Telstra employee turned -Whistle-blower, Lindsay White, that, while he was assessing the relevance of the technical information which the COT claimants had requested, he advised the Committee that:

Mr White "In the first induction - and I was one of the early ones, and probably the earliest in the Freehill's (Telstra’s Lawyers) area - there were five complaints. They were Garms, Gill and Smith, and Dawson and Schorer. My induction briefing was that we - we being Telecom - had to stop these people to stop the floodgates being opened."

Senator O’Chee then asked Mr White - "What, stop them reasonably or stop them at all costs - or what?"

Mr White responded by saying - "The words used to me in the early days were we had to stop these people at all costs".

Senator Schacht also asked Mr White - "Can you tell me who, at the induction briefing, said 'stopped at all costs" .

Mr White - "Mr Peter Gamble, Peter Riddle".

Senator Schacht - "Who".

Mr White - "Mr Peter Gamble and a subordinate of his, Peter Ridlle. That was the induction process-" 

From Mr White's statement, it is clear that he identified me as one of the five COT claimants that Telstra had singled out to be ‘stopped at all costs’ from proving their against Telstra’. One of the named Peter's in this Senate Hansard who had advised Mr White we five COT Cases had to stopped at all costs is the same  Peter Gamble who swore under oath, in his witness statement to the arbitrator, that the testing at my business premises had met all of AUSTEL’s specifications when it is clear from Telstra's Falsified SVT Report that the arbitration Service Verification Testing (SVT testing) conducted by this Peter did not meet all of the governments mandatory specifications.

 

"They have been beaten both emotionally and financially."

 

I am referring to the Senate Hansard records of 20 September 1995 due to the notable address delivered by Senator Ron Boswell. In it, he discussed the injustices encountered by the four COT claimants, Ann Garms, Maureen Gillan, Graham Schorer, and myself, during the government-endorsed arbitrations. It is imperative to highlight Senator Boswell's statement regarding the TIO and his annual report, as it is significant to our COT story.

“...Eleven years after their first complaints to Telstra, where are they now? They are acknowledged as the motivators of Telecom’s customer complaint reforms. … But, as individuals, they have been beaten both emotionally and financially through an 11-year battle with Telstra" 

“Then followed the Federal Police investigation into Telecom’s monitoring of COT case services. The Federal Police also found there was a prima facie case to institute proceedings against Telecom but the DPP (Director of Public Prosecutions), in a terse advice, recommended against proceeding".

“Once again, the only relief COT members received was to become the catalyst for Telecom to introduce a revised privacy and protection policy. Despite the strong evidence against Telecom, they still received no justice at all". 

“These COT members have been forced to go to the Commonwealth Ombudsman to force Telecom to comply with the law. Not only were they being denied all necessary documents to mount their case against Telecom, causing much delay, but they were denied access to documents that could have influenced them when negotiating the arbitration rules, and even whether to enter arbitration at all. …

"This is an arbitration process not only far exceeding the four-month period, but one which has become so legalistic that it has forced members to borrow hundreds of thousands just to take part in it. It has become a process far beyond the one represented when they agreed to enter into it, and one which professionals involved in the arbitration agree can never deliver as intended and never give them justice." 

"I regard it as a grave matter that a government instrumentality like Telstra can give assurances to Senate leaders that it will fast track a process and then turn it into an expensive legalistic process making a farce of the promise given to COT members and the unducement to go into arbitration. “Telecom has treated the Parliament with contempt. No government monopoly should be allowed to trample over the rights of individual Australians, such as has happened here.” (See Senate Hansard Evidence File No-1)

On 27 January 1999, after having also read my first attempt at writing my manuscript absentjustice.com, the same manuscript I provided Helen Handbury, sister to Rupert Murdoch, Senator Kim Carr wrote: