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My Award
The arbitrator was scheduled to deliver his award on May 11, 1995. However, prior to this date, the DMR/Lanes report on the technical losses and the FHCA financial report were released. The negative content of both documents prepared me for a disappointing final outcome.
DMR/Lanes Report
Discrepancies exist between the arbitrator's and my versions of the Lane's prepared technical consultant's report, titled Resource Unit Technical Evaluation Report. Mr Alan Smith. CBHC. 30 April 1995. The second paragraph on page one of my version consists of a single, short sentence: "It is complete and final as it is," (see Arbitrator File No/27). However, the second paragraph on the equivalent page (page two) of the arbitrator's report, also dated April 30, 1995, states:
"There is, however, an addendum which we may find it necessary to add during the next few weeks on billing, i.e. possible discrepancies in Smith's Telecom bills."(SeeArbitrator File No/28)
The arbitrator's version contains more information than mine. The reference to my ongoing billing problems indicates that additional weeks were required to complete the investigation. However, the arbitrator did NOT grant this additional time.
My page two of this report (see Open Letter File No/47-A to 47-D) makes no mention of my billing claim document. In contrast, page three of the arbitrator's version notes:
"One issue in the Cape Bridgewater case remains open, and we shall attempt to resolve it in the next few weeks, namely Mr Smith's complaints about billing problems.
"Otherwise, the Technician Report on Cape Bridgewater is complete."****(SeeOpen Letter File No/47-A to 47-D)
How is it possible for two seemingly identical technical reports, both dated April 30, 1995, containing the same 23 technical assessments, and purportedly prepared by the same consultants, to have one version stating that the "... case remains open, and we shall attempt to resolve it in the next few weeks," while the other makes no mention of the case remaining open or requiring additional time for completion?
a story of despair and heartache
Both technical reports stated, "A comprehensive log of Mr. Smith's complaints does not appear to exist." However, such a log did exist, as did documentation of my own Bell Canada/Cape Bridgewater and Service Verification Testing (SVT) process at Cape Bridgewater, as demonstrated elsewhere on this website. Had the technical consultants been provided with this comprehensive log of fault complaints for assessment, they would have been compelled to overrule the arbitrator's decision to deny their request for additional weeks to investigate my ongoing billing faults.
On May 2nd, I received the TIO technical report, dated April 30, 1995, concerning my business's phone faults during the claim period. Shockingly, this report omitted more than half of my claim documents. Despite repeated inquiries, the TIO refused to investigate why both the arbitrator and the TIO consultants permitted so much of my claim material to be excluded or authorized a supposedly independent technical resource unit to disregard claim documents in a legal procedure.
All issues of incorrect charging were ignored, as were the ongoing problems of lost faxes and phone faults that persisted throughout the arbitration process, continuing to negatively impact my business. The report also failed to address the issue of 'lost' incoming calls for which I was charged but never received.
The report did offer some concessions. The TIO consultants acknowledged that they had not assessed all of my claim documents. Furthermore, they found a number of my claims to be substantiated and ruled against Telstra on several issues, though not to the extent reasonably expected based on the totality of my claim documents. As an example, I cite material related to my gold phone, taken from a section covering the telephone exchange, referred to as RCM 1, to which my coin-operated gold phone was connected for most of the time. (The DMR/Lanes report drew on Telstra's own data and records.)
2.2 There were consistent problems with the RCM system. Mr. Smith's services were carried on RCM No. 1 until February 1994. This system had a track record of problems, and the RCM system components were the subject of several design corrections (Work Specifications). These issues were likely to cause a range of problems (as reported) over the period August 1991 to February 1993 (a period of 18 months) when Mr. Smith's services were transferred off RCM 1 and service improved. Specific problems caused are covered in later paragraphs (ref: 2.8, 2.9, 2.21).
ASSESSMENT – Service was less than reasonable.
2.8 RCM 1 failure due to lightning damage. Lightning damage to communications equipment would be expected from time to time in this area. Reasonable service relates to the time taken to return the service to normal. A reasonable expectation would be repair within less than the 4 days actually taken.
ASSESSMENT – Service was less than reasonable.
A story of despair and heartache:
9 Evidence indicated service problems on RCM 1, prompting Telecom to relocate CBHC services to RCM 2 and 3. Subsequent examination of the RCM equipment by Melbourne staff revealed significant error accumulation on the transmission equipment counters, particularly on RCM 1. These error levels ceased accumulating after corrective measures were implemented.
ASSESSMENT – Service was less than reasonable.
The report then summarizes the situation:
Intermittent issues with the gold phone led to its removal from RCM 1 eleven days after a potential cause (lightning strike damage to RCM 1). Although the specific equipment fault remained unidentified at the time of removal, testing was ongoing. This action and timeframe appear reasonable under the circumstances.
ASSESSMENT – A reasonable level of service was provided.
While paragraph 2.8 deemed a four-day repair timeframe unreasonable, the summary concludes that eleven days was reasonable. Furthermore, the "11 days" is inaccurate. The lightning strike occurred in November 1992, and the fault wasn't resolved until late January 1993, resulting in nearly three months of service disruption, not eleven days.
Beyond these details, the report contains four paragraphs addressing the gold phone, each initially assessing the service as less than reasonable. Yet, the final summary assessment is positive. This is illogical and unfair, especially considering the acknowledgement in paragraph 2.2 that RCM 1 "had a track record of problems." My claim included over six years of documented customer complaints about the gold phone, recorded in diary notes and letters, which, notably, were not assessed.
I challenged DMR/Lane's assessment of my gold phone and provided both Telstra and the TIO's office with conclusive evidence, including Telstra's own documentation, demonstrating ongoing issues. Despite this, in December 1995, I refused to pay the gold phone account until its faults were acknowledged. Telstra responded by disconnecting the phone.
FHCA (the arbitration financial consultants) submitted a doctored report
FHCA's financial report was equally problematic. It was incomplete, lacking detailed workings, which resulted in an undervaluation of my actual losses by as much as 300 percent in some areas. This incompleteness made it difficult to challenge, as there was little substantive information to analyze. The logical errors were glaringly obvious.
For example, the FHCA report acknowledged that my business catered to social clubs in addition to school groups:
"An analysis of the clientele of Cape Bridgewater Holiday Camp shows that only 53% were in fact schools."
A story of despair and heartache:
The FHCA based its calculation of business losses on the lower end of my revenue base, using the $30 per two-night rate for school groups rather than the $120 to $160 charged for fully catered social club patrons (who constituted 47% of my business). Given the approximately fifty-fifty split between school and other groups, this approach underestimated my losses by at least 300%.
My forensic accountant, Derek Ryan, was shocked by the FHCA's handling of the arbitration procedure and detailed its failings, including specific errors, in a 39-page report to the arbitrator. For example:
"The FHCA report does not include any detailed workings, so we have endeavoured to recalculate the FHCA figures given their assumptions and the base figures which were included in our report dated 21 June 1994.
Our recalculated figures are still higher than the FHCA figures, and we are unable to determine the reason for this."
"We believe that the FHCA report contains many inaccuracies and is simply wrong in the main area of loss quantification. The main calculation of loss has been considerably understated by an error in logic.
The error of logic appears to arise from the fact that FHCA reduce the total bed capacity by the night utilisation of 48% (to give available bed capacity), and FHCA then apply the bed occupancy rates to the available bed capacity. It is incorrect to reduce the total bed capacity by both of these factors."
Receiving no response from the arbitrator, Derek contacted the FHCA project manager of my claim, who explained that he had been instructed by the arbitrator to exclude a large amount of information from the final report. This revealed that the supposedly independent arbitrator had forced the supposedly independent financial assessors to manipulate their report. Derek expressed his professional disappointment with the FHCA to Senator Richard Alston, Minister for Communications, and the new TIO, arguing that their incomplete report hindered his ability to formulate a response or challenge their findings.
Six years later, and too late to make a difference, the TIO's office provided me with a copy of a letter from the FHCA project manager to the TIO, dated 13 February 1996. This letter confirmed that the FHCA financial report was incomplete: "I did advise Mr. Ryan that the final report did not cover all material and working notes." I doubt the TIO ever informed Senator Alston of this admission.
Instead of providing this letter to me within the statute of limitations period, which would have allowed me to appeal the arbitrator's award, Mr. Pinnock of the TIO concealed it until 2002 – after the statute of limitations had expired.
A story of despair and heartache.
Between October 18, 1995, and October 4, 1997, with the assistance of Mr. John Wynack, director of investigations for the Commonwealth Ombudsman, I sought a copy of Telstra's arbitration file on my matters under FOI. Home Page File No/82confirms Mr. Wynack did not believe Telstra's claim that it had destroyed the file. I also attempted to access the same arbitration file from the TIO, which, as the administrator of my arbitration, was legally required to retain a copy for at least six years (until 2002). In response to my request, Mr. Pinnock, the administrator of my arbitration, stated in a letter dated January 10, 1997:
I refer to your letter of 31 December 1996 in which you seek to access to various correspondence held by the TIO concerning the Fast Track Arbitration Procedure. ...
I do not propose to provide you with copies of any documents held by this office. (SeeOpen Letter File No 57-C)
By the time of the February 1996 letter, it was clear that the TIO arbitration resource unit and the arbitrator had collaborated with Telstra to ensure that my singles club (my second business) was not assessed as a separate business loss. They also failed to consider the higher revenue loss associated with my singles club, valuing my losses only at the lower tariff I charged for school groups. However, I sought more substantial evidence, perhaps the actual working notes that had been removed from the FHCA report under the instruction of Dr. Hughes (see Open letter File No/45-E). These notes would have detailed the information about my singles club that I provided to FHCA in February 1995. This material was never returned to me after my arbitration concluded. The losses associated with my singles club patronage (which the arbitrator never considered) are further discussed on the Front Page Part Twopage.
The Award, May 1995
On May 11, 1995, the arbitrator delivered his award. While he found in my favor on several points, these were based solely on old fault reports. He failed to address the ongoing problems that I had consistently reported to him, which he was obligated to address under the terms of Austel's COT Cases Report. The award seemed to assume that I no longer experienced any issues with my phone service and that all problems had been resolved to a satisfactory standard. I find it incomprehensible how he reached this conclusion.
The award granted me slightly over ten percent of my claim. After accounting for all the expenses I incurred to bring the phone problems to the attention of Austel and the Senate, as well as submitting my claim to the arbitrator, I was left with approximately four percent.
A story of despair and heartache:
My claim was not inflated. Barry O'Sullivan, another accountant from Freemans—who was once the treasurer of the LNP in Queensland and is now a senator—valued my claim at an almost identical amount.
While I am restricted from disclosing the specific award amount, I can discuss certain aspects. The arbitrator stated that, in determining the award, he "had to take into account the decrease in tourism" in my area as a potential factor contributing to the camp's business losses. This was an outrageous assertion, as he attributed my business losses to a decrease in tourism, contradicting all objective evidence, which indicated an increase.
The FHCA Report itself documented an increase in tourism
to the Portland region, from 1,396,000 in 1991/92 to 1,565,000 in 1993/94. These figures, which I included in my claim documents, were corroborated by data from the Department of Conservation and the Environment and the Victorian Tourism Domestic Monitor. Therefore, on what basis did the arbitrator conclude there had been a decrease in tourism in the area?
Furthermore, the arbitrator
based his award on the faulty loss calculations presented in the FHCA Report.
The arbitrator also appeared to accept Telstra's defence claims as undisputed fact. He stated, under the heading 'Faults Caused By Claimant':
(c) Telstra nevertheless maintains that most reported faults were attributable to mis-operation by the claimant or by his callers or to normal wear and tear on the equipment they were using.
_(d) In this regard I have noted for example, the Statutory Declaration_by ——,a senior technical officer (grade 1) who concluded that specific fault allegations involving the claimant's answering machine, cordless phone, and facsimile machine could only be attributable to operator error. I have also noted a statement by ——,****senior Telstra technician officer grade 2, to the effect that reported facsimile machine faults were attributable to customer error.
My claim documents clearly demonstrated that the faults that plagued my business throughout the arbitration (1994–95) and for years afterward were NOT due to operator error. The arbitrator treated my assertions and Telstra's assertions with a clear bias. While he could not definitively know who was being truthful and had to rely on the presented material, he should not have assumed, without investigation, that I was the unreliable party. This is particularly egregious, considering my repeated complaints about Telstra's deceptive and underhanded tactics.
A story of despair and heartache:
I knew Telstra was lying. Although I lacked definitive proof during my arbitration, many documents cited in this book demonstrate that Telstra knowingly presented false information in its defense. Even as evidence emerged, it was dismissed by the arbitrator, the Telecommunications Industry Ombudsman (TIO), and sometimes even the Australian Telecommunications Authority (Austel). They were uninterested, despite it being their responsibility to investigate.
For the record, Telstra's own archival material contradicts a technical officer's assertions made under Statutory Declaration, point (d) above. The following internal fault record, pertaining to my fax line (the technician's name has been redacted due to Freedom of Information (FOI) stipulations), states:
... rang to advise me had found several problems with the RCM system Mr Smith was previously connected to. The major problem was caused by faulty termination of resistors on the bearer block protection another problem was caused by non modified channel cards, a full report will be submitted by Len in the next week****.
Both the engineer to whom the memo was addressed and the National Facsimile Support Centre encountered difficulties sending faxes to my business. It appears the technical officer committed perjury during a legal arbitration process.
Whether the TIO believed this perjured information is irrelevant. As the administrator of my arbitration, the TIO had a duty of care to equally consider my claims and concerns, which I believe he failed to do. While I initially lacked readily available evidence during the arbitration, I brought it to the TIO's attention once obtained (months or years later through delayed FOI documents), urging him to investigate. Therefore, he had no excuse for being unaware of the unlawful conduct and should have initiated his own investigation into these matters.
I felt shattered but had to persevere; I had customers to serve. However, six days later, I collapsed in front of a group of approximately sixty campers, children, and staff. An ambulance transported me to the hospital, where a heart attack was initially suspected. After five days, the final diagnosis was stress.
On my first day home, the FHCA project manager called. He acknowledged that the situation had not unfolded as I had hoped. He urged me to move forward, focus on my life, and prove what I was capable of achieving.
A story of despair and heartache:
I still wonder who "them" was and why he had rung. By then, my appeal time had elapsed. Had he heard about my collapse and suffered a pang of conscience? During the call, he also said that the executive manager handling my case with DMR would be calling me, and he did.
The Canadian DMR manager said something to this effect: "I was sorry to hear you had been ill, and I hope you get better soon. This has been the worst process I have ever been a part of. This sort of situation would never have happened in North America."
I was so stunned by this statement that I later forwarded a signed Statutory Declaration of my memory of it to various government ministers. I wrote to DMR in Canada for clarification but received no response. These tantalizing possibilities led nowhere, and I was clutching at straws. After so many years and such a high cost, it was hard to let go in the face of such a disappointing and unjust result.
On 23 May 1995, another 700 or so FOI discovery documents arrived. Why now? What was Telstra's game? I could have used the material twelve months prior to support my claim, or even ten days before to support an appeal against the award. Now, the only way I could use them was to take the matter to the Supreme Court of Victoria, an alternative that was entirely beyond my financial means, as Telstra well knew.
Mr. Benjamin's letter regarding the late-released FOI documents further confirms that the COT Cases never stood a chance of receiving the justice the government assured us we would have if we went into arbitration with Telstra. This letter came from Telstra's Ted Benjamin, who was also Telstra's arbitration defense liaison officer and a TIO Council member. I didn't uncover this conflict of interest until the Senate exposed it during an official COT case FOI investigation conducted between September 1997 and March 1999. In fact, the official Senate Hansard, available on my website, shows Mr. Benjamin admitting he had never disclosed his conflict of interest as Telstra's official arbitration officer when the TIO office discussed COT arbitration matters at their monthly meetings.
Mr. Benjamin also failed to advise the 26 September 1997 Senate FOI investigation that he had waited twelve months in my case before releasing the FOI documents that would have supported many unaddressed issues raised in my arbitration. On opening this evidence, I remember thinking that if only I had received these relevant documents during my arbitration, or even four weeks prior during my designated arbitration appeal period, I would have been able to successfully appeal part of the arbitrators' award.
A story of despair and heartache.
Upon reviewing this evidence, I immediately realized that if I had received these crucial documents during my arbitration, or even within the four-week appeal period, I could have successfully challenged a portion of the arbitrator's decision.
Unfortunately, this was not the case. In a cover letter dated 24 May 1995, Mr. Benjamin wrote under the heading "Your FOI requestof May 1994":
"Further documents have recently come to light that fall within your FOI request of May 1994.
Copies of these documents are enclosed. At this time a table has not been prepared giving decisions in relation to these documents as it was considered by Telecom more important you receive copies of the documents now." (Refer to exhibit AS 183 FileAS-CAV 181 to 233)
These documents revealed that Telstra was fully aware of a national network billing software problem. Was this the reason Telstra withheld these critical billing records throughout my claim?
Chapter 9
Aftermath
One of the unresolved issues in my arbitration award was Telstra's incorrect charging. Five months after the award, Austel representatives visited Cape Bridgewater to examine the six bound volumes of evidence that I had compiled to support my case, which the arbitrator had not addressed. The Austel representatives appeared astonished by the sheer volume and detail of the evidence. (Indeed, in the years leading up to the arbitration, I had consistently provided Austel with evidence of Telstra's incorrect billing.) They ultimately took the volumes with them.
Austel allowed Telstra to respond to the material without a mediator present, such as the arbitrator, and I was not given an opportunity to reply. I was not even officially informed of Telstra's response; I only learned of it by chance in 2001 through an FOI document. The letter Telstra sent to Austel in October 1995, defending itself against my claims, was filled with falsehoods. Had I been given the chance to compare their data with mine, I could have proven this. However, I was denied this opportunity, and Telstra's version was accepted without further investigation. How could this be considered justice? I was denied my legal right to challenge the claims, and the faulty billings continued.
A story of despair and heartache.
The daily operation of the camp was almost beyond me. Cathy handled the work almost entirely on her own. My years of marketing and promotional expertise were useless; I had no energy to draw upon and, perhaps more importantly, I no longer believed anything good could come of it. Despondency consumed me as I stewed over my situation. How could this be happening to me, in Australia, in the 1990s? Wasn't this supposed to be a democracy? It felt like something out of Kafka.
I decided I had to act. I began by requesting the return of all my claim documents, as stipulated by the arbitration rules. After weeks of waiting, my anger growing, I drove to Melbourne in August 1995 to collect them myself. I don't know why I expected my request to be met then; in truth, I was looking for a fight. As expected, my documents were not ready. The arbitrator's secretary, Caroline, informed me that the arbitrator was unavailable.
My politeness evaporated. I demanded she retrieve my documents immediately, reminding her that I had submitted my request three months prior. "I am not leaving this office without those documents," I shouted. "Call the police if you want to, I don't care. You have my property, and I want it back now." Finally, a young man appeared, pushing a trolley piled high with boxes. He asked me to sort out my claim documents. I simply took everything.
It was a revelation. Among the documents were some I had never seen before, and they were, to say the least, very interesting. The arbitration rules dictated that any information provided by one party must be automatically circulated to the other party and to the TIO's legal counsel. However, among the material I retrieved from the arbitrator's office that day was an envelope filled with documents and loose papers, none of which had ever been sent to me.
One letter, from Telstra to the arbitrator, included three attachments: letters exchanged between Austel and Telstra between October and December 1994. Telstra wrote:
You will note from the correspondence that Austel has requested Telstra to provide information relating to charging discrepancies reported by Mr Smith for short duration calls on his 008 service. These issues form part of the subject matter of Mr Smith's claim under the Fast Track Arbitration Procedure.
The simplest way forward may be for Mr Smith and Telstra and yourself to all confirm in writing that this information can be provided to Austel if this meets with your approval****_._
If this was the appropriate course of action, why had I received no indication of it from the arbitrator? I had received no correspondence from him on this matter at all.
A story of despair and heartache
In its letter of December 1, 1994, Austel noted that other Telstra customers in the Portland area had also reported incorrect charges on their 008 services. Austel reiterated this concern in their letter of December 8:
A major consideration in Austel's pursuit of the issue raised by Mr. Smith was the likelihood that these problems, if proved to exist, would almost certainly affect a number of other Telstra customers.
The arbitrator, in direct violation of protocol, failed to forward these letters to me during the arbitration. Furthermore, as previously mentioned, his award contained no findings regarding the substantial evidence of incorrect charging presented in my claim documents.
Telstra informed the arbitrator and Austel in a letter dated November 11, 1994, that it would address these incorrect charging issues in its defense. The fact that Telstra failed to do so, and that the arbitrator permitted this omission, leads me to believe that a conspiracy existed between the arbitrator and Telstra. This belief was further reinforced by other incriminating documents I inadvertently discovered.
DMR/Lanes (the arbitration technical consultants) Submit Their Incomplete Report
Although I have previously discussed the discrepancies between the two versions of the DMR/Lanes report, it is crucial to revisit them:
Among the documents I received by mistake from the arbitrator's office was an alternate version of the DMR/Lanes technical report for my business. The second paragraph on the title page of the version I received in April 1995 consists of a single, terse sentence:'********It is complete and final as it is.' However, the equivalent paragraph in the arbitrator's copy contains the following additional statement: '********There is, however, an addendum which we may find it necessary to add during the next few weeks on billing, i.e., possible discrepancies in Smith's Telecom bills.'
Similarly, in the arbitrator's copy (on page 3), the fourth and fifth paragraphs state:
One issue in the Cape Bridgewater case remains open, and we shall attempt to resolve it in the next few weeks, namely, Mr. Smith's complaints about billing problems.
Otherwise, the Technical Report on Cape Bridgewater is complete.
This information is absent from my version of the report. Did the arbitrator and DMR/Lanes expect me to forget about the billing issues if they were not explicitly reminded? Discovering that DMR/Lanes intended to address the billing issues but inexplicably omitted this from the final version of their report only strengthened my conviction that I was the victim of a conspiracy during this arbitration.
It was also within this cache of documents, under the heading 'Cape Bridgewater Documentation', that I found the astonishing statement mentioned earlier: 'A comprehensive log of Mr. Smith's complaints does not appear to exist.'
A story of despair and heartache
Were they toying with me? I certainly felt like they were! At times, my life felt like a never-ending catalogue of complaints. Even Austel seemed overwhelmed by the sheer volume of my evidence. I worried my supporting documents would simply be tossed into some bureaucratic "too-hard basket," and I was fed up. Did these government employees, secure in their positions, have any real understanding of what we COT claimants were going through, or what this meant to us?
The most disturbing aspect of these additions to the two conflicting DMR & Lane 30 April 1995 reports is the identical nature of all 23 technical findings in each. Furthermore, when these two reports are compared to the Lane 6 April 1995 report, the findings are, again, the same. This suggests that Lane not only produced almost all of the findings in all three reports, but also conveniently failed to address my ongoing billing issues. The two DMR & Lane 30 April 1995 reports undeniably state at point 3:
About 200 fault reports were made over December 1992 to October 1994. Specific assessment of these reports other than covered above, has not been attempted.
Both reports detail the investigation of 23 faults; however, none of these faults were registered in the arbitrator's award (findings). Given that my claim covered a six-and-a-half-year period from April 1988 to December 1994, this indicates that DMR & Lane assessed less than two years' worth of faults. To avoid arguing about which faults were assessed in which year, I reiterate, as I have on my webpage and in this book: Did Lane only assess less than a third of the registered faults because assessing ALL of my faults—over 600 in six and a half years (a figure agreed upon by the government regulator)—would reveal that my case was among the worst of all the COT Cases? Was it because assessing that many faults would have forced Lane to acknowledge the Ericsson equipment was riddled with problems? It seems the easiest solution was to acquire Lane and all their computer files containing COT Cases complaints, thereby eliminating any record of the true problems the government would soon inherit with the rollout of the National Broadband Network (NBN).
Dr. Hughes wrote to the TIO on 23 January 1996, noting:
"I enclose copy letters dated 18 and 19 January 1996 from the Institute of Arbitrators Australia. I would like to discuss a number of matters which arise from these letters, including:
(a) the cost of responding to the allegations;
(b) the implications to the arbitration procedure if I make a full and frank disclosure of the facts to Mr James.".****(SeeOpen letter File No/45-D)
A story of despair and heartache:
As confirmed in Chapter Three on our Prologue page (see below), Dr. Hughes not only failed to review the 24,000documents with his resource unit, but he also denied my request for additional time to submit two reports (into arbitration). These reports were compiled from the late-received 24,000 FOI documents, which, as previously stated, were mistakenly shipped to Portland airport—1,200 miles in the wrong direction—instead of Brisbane airport. Dr. Hughes's misleading statements to Laurie James have caused me significant harm, and will continue to do so until they are properly investigated.
The majority of these 24,000 FOI documents (approximately 17,000) were sent to Queensland after Graham Schorer, a COT spokesperson, picked them up from my office and couriered them to COT Cases Ann Garms and Maureen Gillan in Brisbane. While all the documents were labelled Ann Garms, four manila folders were stamped Gillan. Given that these documents were never submitted to arbitration, how could Dr. Hughes (the arbitrator in my case) and his arbitration resource unit have reviewed them?
Had Dr. Hughes bypassed John Pinnock and fully disclosed the facts surrounding my claims, the issues I address on absentjustice.com could have been resolved in 1996. By reviewing Open Letter File No/51-A to 51-G and Chapters One to Four on ourProloguepage, you can determine for yourself who is being truthful about these 24,000 allegedly reviewed documents.
Despite the arbitration agreement's restrictive timeframes, which hindered the late submission of information like my singles club material, Dr. Hughes granted the other three COT cases (Ann Garms, Maureen Gillan, and Graham Schorer) over 13 months more than he allowed me for submitting late-received materials. Why didn't Dr. Hughes disclose this discrepancy to Laurie James, especially since all four of us signed the same arbitration agreement in April 1994?
Adding insult to injury, I continued to receive hundreds, even thousands, of discovery documents months after the arbitrator's decision. Some of these documents, requested years earlier, would have significantly bolstered my claim, but by then, they were, of course, useless.
The continued arrival of
these documents made it impossible for me to simply move on. I became increasingly convinced that I was the victim of deliberate sabotage, extending beyond incidents like the 'beer in the phone' episode. I questioned why the arbitrator never addressed the numerous lost faxes I reported, both before and during the arbitration process. Some of these faxes contained crucial evidence that inexplicably vanished within Telstra's network while en route to the arbitrator's office for assessment by the resource unit and Telstra's defense unit.
A story of despair and heartache:
Why did the arbitrator seemingly ignore Telstra's attempt to discredit me by attributing my fax problems to alcohol? It should have been obvious that Telstra wanted to conceal the faulty line from the resource unit, fearing they would discover that Telstra's lines were the root cause of the issues.
In 2001, six years after the arbitration, the TIO's office sent me a letter Dr. Hughes wrote to Warwick Smith on May 12, 1995 (see Open Letter File No 55-A). In this letter, the arbitrator deemed the arbitration agreement an 'incredible' process. Had Warwick Smith shared this letter with me at the time, I could have challenged the arbitrator's findings. How could an appeal judge rule against the arbitrator's own advice to the administrator—advice stating that the agreement's rules 'had not allowed sufficient time for delays associated with the production of documents, obtaining further particulars, and the preparation of technical reports'? Receiving this crucial evidence so late was incredibly frustrating.
However, my story must also explore the possibility that this May 12, 1995, letter was intercepted en route to my business, as the following information suggests.
[image|] does not exist
The Senate Hansard records from September 20, 1995, document Senator Ron Boswell's passionate discussion of the injustices experienced by the four COT claimants (Ann Garms, Maureen Gillan, Graham Schorer, and myself) during our government-endorsed arbitrations, as detailed in the previous chapter. Crucially, Senator Boswell stated the following regarding the TIO and its annual report:
"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 inducement to go into arbitration. The process has failed these people and can never give them justice – a point confirmed by professionals deeply involved in the arbitration process itself and by the TIO's annual report, where conclusion is described as 'if that is ever achievable'."(See Senate Hansard Evidence File No-1)
Senator Boswell's statement—"a point confirmed by professionals deeply involved in the arbitration process itself and by the TIO's annual report, where conclusion is described as 'if that is ever achievable',"—demonstrates that the TIO had already condemned the arbitration process by September 20, 1995, the date of this Senate Hansard. Given this, why did Mr. Pinnock (TIO) and Dr. Hughes, eight months later, seemingly conspire to mislead and deceive Laurie James regarding the validity of my claims, which were properly registered with the president of the Institute of Arbitrators Australia?
A story of despair and heartache.
It is devastating to know that the very person with the power to investigate these lies chose not to. Equally disturbing is that the new owners of my business, who purchased my holiday camp in December 2001, inherited the same phone problems I had experienced since 1987. Despite their complaints to the Communications Minister's office, my local Federal Member of Parliament, and Mr. Pinnock from early January 2002 to September 2006 (seeBad Bureaucrats/Chapter One and Chapter Four), no one re-investigated the issues from my arbitration. This failure prevented the arbitrator from granting his arbitration resource unit the additional weeks they claimed were necessary to complete their findings (seeChapter 1 - The collusion continues).
Why did Dr. Gordon Hughes, the arbitrator for the first four arbitrations, deliver his award on my claims, fully aware that:
"...the time frames set in the original Arbitration Agreement were, with the benefit of hindsight, optimistic;
"in particular; we did not allow sufficient time in the Arbitration Agreement for inevitable delays associated with the production of documents, obtaining further particulars and the preparation of technical reports...
"In summary, it is my view that if the process is to remain credible, it is necessary to contemplate a time frame for completion which is longer than presently contained in the Arbitration Agreement." (seeOpen Letter File No 55-A).
Why did the arbitrator amend the arbitration agreement for the remaining three COT cases, granting those claimants thirteen additional months to access their documents from Telstra, the defendant in all four arbitrations, while denying me the same extension?
The fax imprint on this letter (Open Letter File No 55-A) matches the imprint described in the Scandrett & Associates report (see Open Letter File No/12 and File No/13), confirming that faxes were intercepted during the COT arbitrations. The Telecommunication Industry Ombudsman (TIO) and the Federal Attorney-General have yet to answer this crucial question:
Was this letter actually faxed to my office by the TIO to assist me in any pending appeal process? If not, why was such a vital document deliberately withheld from me during my designated appeal period?
Had I received a copy of this letter, which declared the agreement used in my arbitration process as not credible, I would have undoubtedly appealed the arbitrator's award. After all, how could an appeal judge argue against the arbitrator's own admission that the agreement was flawed, especially since he proceeded to use it anyway?
A story of despair and heartache.
How could Dr. Hughes contemplate, let alone include in his 12 May letter, the statement: "...as far as I could observe, both Telecom and Smith co-operated in the Smith arbitration," when he and the Senate had already been warned that Telstra was threatening to withhold further relevant documents? This threat was made simply because I agreed to assist the Australian Federal Police with their investigations into Telstra's unauthorized interception of my phone conversations and faxes. Even worse, Telstra carried out those threats. Furthermore, the arbitrator and Warwick Smith received advice on 18 April 1995 (see above) stating clearly that "forces at work" had 'derailed' my arbitration. Dr. Hughes' 12 May statement suggests he was choosing to protect those 'forces at work', regardless of the serious problems that created for me.
Interception of the 12 May 1995 Letter via a Secondary Fax Machine:
Someone with access to Telstra's network, and therefore the TIO's office service lines, knew during my arbitration's designated appeal time that the arbitrator had declared the arbitration agreement not credible. The second page of the 12 May 1995 letter displays three fax identification lines:
The bottom line shows the document was first faxed from the arbitrator's office on 12-5-95 at 2:41 pm to the Melbourne office of the TIO – 61 3 277 8797.
The middle line indicates it was faxed on the same day, one hour later, at 15:40, from the TIO's fax number, followed by the words "TIO LTD".
The top line begins with "Fax from" followed by the correct fax number for the TIO's office.
Considering the timestamps, the top line indicates a second sending of the document at 14:50, nine minutes after the initial fax from the arbitrator's office. This suggests that between the TIO's office receiving the first fax at 2:41 pm (14:41) and sending it on at 15:40, the fax was resent at 14:50. In other words, nine minutes after the letter reached the TIO office, it was intercepted.
Had I received a copy of this letter declaring the agreement used in my arbitration process not credible, I would have appealed the arbitrator's award. How could an appeal judge argue against the arbitrator's own findings that the agreement was not credible, even though he used it anyway?
The interception of this 12 May 1995 letter by a secondary fax machine is discussed in more depth on ourAustralian Federal Police Investigations page.
And at worst, fabricated.
a story of despair and heartache
On July 15, 1995, two months after the arbitrator prematurely issued his findings on my claim, Ms. Amanda Davis, AUSTEL's former General Manager of Consumer Affairs, provided me with an open letter. Ms. Davis was aware that the arbitration process had not addressed my claims regarding the impracticality of using CCS7 in the BCI testing at Cape Bridgewater. In her letter, she stated:
"I am writing this in support of Mr. Alan Smith, who I believe has a meeting with you during the week beginning July 17. I first met the COT Cases in 1992 in my capacity as General Manager, Consumer Affairs at Austel. The "founding" group were Mr. Smith, Mrs. Ann Garms of the Tivoli Restaurant, Brisbane, Mrs. Shelia Hawkins of the Society Restaurant, Melbourne, Mrs. Maureen Gillian of Japanese Spare Parts, Brisbane, and Mr. Graham Schorer of Golden Messenger Couriers, Melbourne. Mrs. Hawkins withdrew very early on, and I have had no contact with her since.
The treatment these individuals have received from Telecom and Commonwealth government agencies has been disgraceful, and I have no doubt they have all suffered as much through this treatment as they did through the faults on their telephone services.
One of the striking things about this group is their persistence and enduring belief that eventually there will be a fair and equitable outcome for them, and they are to be admired for having kept as focussed as they have throughout their campaign.
Having said that, I am aware all have suffered both physically and in their family relationships. In one case, the partner of the claimant has become seriously incapacitated, due, I believe, to the way Telecom has dealt with them. The others have all suffered various stress-related conditions (such as a minor stroke).
During my time at Austel, I pressed as hard as I could for an investigation into the complaints. The resistance to that course of action came from the then Chairman. He was eventually galvanised into action by ministerial pressure. The Austel report looks good to the casual observer, but it has now become clear that much of the information accepted by Austel was at best inaccurate, and at worst fabricated, and that Austel knew or ought to have known this at the time."
After leaving Austel, I continued to lend support to the COT Cases and was instrumental in helping them negotiate the inappropriately named "Fast Track" Arbitration Agreement. That was over a year ago, and neither the Office of the Commonwealth Ombudsman nor the Arbitrator has been successful in extracting information from Telecom which would equip the claimants to press their claims effectively. Telecom has devoted staggering levels of time, money, and resources to defeating the claims, and there is no pretense even that the arbitration process has attempted to produce a contest between equals.
A story of despair and heartache.
Even if the remaining claimants receive satisfactory settlements—an outcome I consider unlikely—investigating the process remains crucial for ensuring the accountability of public companies and government agencies.
Given my lack of knowledge regarding the specific circumstances of your meeting with Mr. Smith, and your identity, I trust you understand my cautious approach in this written communication. However, I increasingly believe that a public inquiry is the only way to uncover the reasons behind the appalling treatment of these individuals.
I am available to
discuss this matter in more detail at your convenience. You can reach me at the number above.
Thank you for your interest and for taking the time to speak with Alan.
Playing Politics
My local federal MP, David Hawker, had been a supporter of both myself and the issue of rural telecommunication services since 1992. In 1995, before the Liberal government gained power, he arranged for some of the COT members to meet with Senator Richard Alston, the then Shadow Minister for Communications, in his Canberra office.
Senator Alston had taken an early interest in the COT cases. During this meeting, he expressed support for my claims regarding unethical conduct by parties involved in administering my arbitration. This included my allegations that Telstra had been eavesdropping on my private phone calls during the arbitration process. Senator Alston, like the COT Four, had been under the impression that the arbitration would be a non-legalistic, expedited process. He voiced concern that Freedom of Information (FOI) documents revealed Telstra's knowing use of flawed and fabricated test results to defend against my claim, and that they had allowed the flawed BCI Addendum Report on Cape Bridgewater, dated 10 November 1993, to remain in the public domain.
Following the Coalition's victory in 1996, Senator Alston became the Honourable Senator Richard Alston, Minister for Communications and the Arts. Subsequently, his office requested a comprehensive report detailing my claims and allegations against Telstra, as well as any allegations concerning the conduct of the arbitration. I compiled the requested report, which included an 82-page chronological listing of events bound into a book, along with a separate volume of indexed attachments. Copies of this report were sent to both Senator Alston and the Commonwealth Ombudsman's office.
A story of despair and heartache:
Despite Senator Alston's appointment to a position that enabled him to launch a full inquiry into the issues raised by the COT cases, the matter stalled after a letter of acknowledgement in September 1996.
The Exicom T200 and beer-in-the-phone reprise
Another FOI document, received too late to be used in my arbitration, revealed Telstra's awareness of moisture-related problems with the Exicom T200, which caused the exact billing faults I experienced. My arbitrator and Telstra had refused to address these faults. This internal memo suggests Telstra redeployed known faulty phones to unsuspecting customers in areas of "lower moisture risk." Although undated, other information places the memo around 1993–94.
Given the phone's susceptibility to moisture, I cannot understand why Telstra believed it suitable for a coastal area like Cape Bridgewater. Nor can I understand why, upon my initial billing complaints, Telstra didn't simply acknowledge the phone's unsuitability. Such a simple admission would have prevented considerable trouble.
I wonder how many unsuspecting Telstra customers in moisture-rich environments—fish and chip shops, bakeries, industrial kitchens, or heated swimming pools—are still using these faulty T200 phones. How many are being incorrectly charged for calls they didn't make, as I was for so long?
I also question the legality of redeploying known faulty products, especially since the Telstra Corporation appears exempt from Trade Practices regulations that other Australian businesses must follow.
After so many disappointments, I was elated to receive, in November 1995, six months after the arbitrator's award, the laboratory reports I mentioned in Chapter Seven. These reports detailed Telstra's tests on my T200 fax/phone to determine how long beer would remain wet inside the casing. It was incredibly exciting to read that Telstra laboratory staff had proven that beer could not have remained wet and sticky for 14 days—the time elapsed between the phone leaving my premises and arriving at the laboratory.
A story of despair and heartache:
Dusk had already fallen when, in a moment of urgency, I called the arbitrator's residence. His wife answered, informing me that he was overseas and wouldn't be back for several days. Unprepared and suspecting that the arbitrator might have discussed aspects of my case with her, I worried she might be alarmed if she knew who was calling and thought I intended to cause trouble. Impulsively, I gave her the name of the FHCA project manager, someone I knew the arbitrator would recognize. My phone records show this 28-second call was made at 8:02 pm on November 28, 1995.
Later, I excitedly told the TIO about my discovery and my attempt to contact the arbitrator with the news. I explained why I'd given Mrs. Hughes the FHCA project manager's name instead of my own, hoping to avoid alarming her. I then asked the TIO what he intended to do with this evidence that Telstra had fabricated the "beer in the phone" story. He responded tersely that my arbitration had concluded and he would not involve his office in any further investigation, advising me to take the matter to the Supreme Court of Victoria if I wished to pursue it.
The Institute of Arbitrators
Since the TIO refused to act, I needed to find another avenue to address Dr. Hughes's unethical conduct as the arbitrator. On January 15, 1996, I submitted my complaints to Laurie James, President of the Institute of Arbitrators Australia.
My complaints centered on the arbitrator's failure to operate within the bounds of the Arbitration Act. I presented evidence that the TIO and Telstra had met privately, excluding COT representatives, during the arbitration's planning stages. Furthermore, the arbitrator and his resource unit had also met privately with Telstra before we signed the arbitration agreement. These meetings violated arbitration rules, and the content of those discussions remains unknown. However, we can reasonably assume they were not beneficial to the COT members.
A story of despair and heartache:
Furthermore, when the TIO and his legal counsel pressured the COT Four to abandon the commercial process (the FTSP) and agree to arbitration (the FTAP), we were not informed that the appointed arbitrator was uncertified by the Institute of Arbitrators. I learned from Mr. Nosworthy, President of IAMA in 2001, that Dr. Hughes was not a graded arbitrator during my arbitration. In fact, Dr. Hughes sat for his grading examination while engaged with the COT cases but failed. Therefore, he was technically unqualified to handle any arbitration, especially one as complex and far-reaching as ours. Despite relaying this information to Senator Alston and the TIO, no action was taken. I remain unconvinced as to why an unqualified arbitrator was selected to oversee such a significant process and why he was allowed to continue after failing his examination.
Mr. James acted swiftly. On January 23, 1996, Dr. Hughes wrote to John Pinnock (the new TIO) under the heading "Institute of Arbitrators – Complaint by Alan Smith," stating:
I enclose copy letters dated 18 and 19 January 1996 from the Institute of Arbitrators. I would like to discuss a number of matters which arise from these letters, including
the cost of responding to the allegations
the implications to the arbitration process if I make a full and frank disclosure of the facts to Mr. James.
I would be very interested to know what that "full and frank disclosure" might have entailed. However, I only received a copy of this letter in 2001, preventing me from inquiring at the time. What followed was both shocking and upsetting.
In February 1996, I received a letter from the President of the Institute of Arbitrators, Mr. Laurie James, which included a copy of a letter he had received from the TIO. The TIO's letter claimed that my complaints about the arbitrator were unfounded, presenting a very different version of the events I have described. The TIO falsely stated that I had called the arbitrator's home at 2:00 a.m. and that I had given a false name.
This implication that I might be unstable or a threat due to calling someone at 2:00 a.m. seemed like a gratuitous attempt to discredit me. Why else would the TIO try to distort an innocent incident into something scandalous? The TIO is supposed to be impartial. He must have known that his correspondence would cast doubt on my character. If he was willing to do this in my arbitration, what about the ongoing arbitrations for other COT members? Who was he truly supporting—the Australian public or the telecommunications carriers?
A story of despair and heartache:
The TIO had also forwarded a copy of this letter to the arbitrator, presumably prompting him to seek his wife's account of the incident. While I believe she would have corroborated my claim of a polite 8 pm call, I couldn't dismiss the possibility that the arbitrator and the TIO had colluded to fabricate the 2 am version.
Regardless, Mr. James's reluctance to pursue my complaint meant the TIO achieved its objective.
This was the outcome after I believed I had uncovered irrefutable evidence: confirmation that someone within Telstra had tampered with my Exicom T200 phone and that Telstra staff had committed perjury in Statutory Declarations to support their implausible "beer-in-the-phone" story.
Instead of launching a review, the person responsible for addressing these issues chose to discredit me. This was not an isolated incident. The following illustrates the depths to which both the TIO and the arbitrator stooped.
In 2001, five years after the event, I obtained a copy of a letter dated 13 February 1996, written by John Rundell of the Technical Resource Unit to Mr. Pinnock (TIO), through an FOI request. This letter sheds light on the fate of my complaint to the Institute of Arbitrators and reveals the second serious attempt to discredit me.
In the letter, Mr. Rundell admits that the FHCA financial report was incomplete ('... the final report did not cover all material and working notes'). However, he then makes the astonishing assertion that the Victoria Police Brighton CIB was about to question me regarding criminal damage to his property.
Despite letters held by the TIO's office confirming that the Victoria Police Brighton CIB never considered me a suspect in any crime, John Rundell's letter to the TIO implied that I was about to be charged with criminal damage. Furthermore, these false allegations were forwarded to a third party, Dr. Hughes (the arbitrator), who then included a copy of the letter in his response to Mr. Laurie James, President of the Institute of Arbitrators Australia, who was investigating my complaints.
At the very least, this constitutes significant defamation of character and likely prejudiced Mr. James against my case. I was unaware of this letter at the time. Since discovering this defamation, I have repeatedly complained to the TIO and relevant government ministers. Unsurprisingly, these complaints have yielded no apology or retraction.
Senate Estimates
A story of despair and heartache:
The arbitration process was heavily skewed in Telstra's favor. By June 1997, Telstra had spent over $18 million defending itself against the COT claimants. Given our reliance on Telstra's own documents to support our claims, and the fact that the individual responsible for distributing those documents also sat on the TIO council, our chances of success were slim.
During a Senate question time on June 24, 1997, Telstra faced scrutiny regarding delays in providing FOI documents to the COTs. By then, the Commonwealth Ombudsman had concluded her investigation into Telstra's handling of discovery documents for Ann Garms, Graham Schorer, and myself, ruling against Telstra. This led to a Senate review of Graham and Ann's cases, but mine was excluded. The reason for this exclusion has never been clarified, although it's been suggested that my ongoing phone issues presented a complex problem that authorities preferred to avoid addressing publicly.
At the same Senate meeting, Senator Chris Schacht, the Shadow Minister for Communications, highlighted the disparity between Telstra's $18 million in legal fees and the $1.74 million collectively received by the COT claimants:
The thing that really is annoying is that the lawyers got millions, you paid them millions to go through all of this process and the claimants got $1.7 million — we know who won this case.
... you went through a process of hanging people out to dry for a long time.
Senator Carr then questioned Telstra's Graeme Ward:
I have a document here, headed up 'TELSTRA SECRET', which suggests that some time ago you were being advised that Mr Smith was likely to secure a substantial payment through a legal arbitration process. Is it not the case that probably it would have been in your commercial interest to have settled long before you did?
Ted Benjamin, the Telstra executive in charge of the COT arbitrations and the supply of FOI discovery documents, and also a member of the TIO council, responded to Senator Carr:
We could not reach a final settlement with Mr Smith before the matter went to arbitration. It was then taken over by Austel in its investigation into what became the COT Report.
This response skillfully evaded the question, leaving the issue unresolved.
From September 1997 to January 1999, a Senate Estimates Committee investigated whether Telstra deliberately withheld FOI documents. By this point, there were 21 COT cases, and five, including those of Ann Garms and Graham Schorer, were selected for examination. The premise was that if deliberate obstruction by Telstra, compromising the arbitrations, could be proven in these five cases, it would be assumed to apply to all remaining COT cases.
a story of despair and heartache
On September 26th, Mr. Pinnock, the Telecommunications Industry Ombudsman (TIO), appeared before the Senate Estimates Committee to address concerns regarding the arbitration process. In a surprising statement, he asserted:
... the arbitrator had no control over that process, because it was a process conducted entirely outside the ambit of the arbitration procedures.
This declaration marked a significant shift from the TIO's previous stance and seemingly validated my long-held claims.
The subsequent 20-month Senate investigation confirmed that Telstra had deliberately withheld Freedom of Information (FOI) documents, to the detriment of the Casualties of Telstra (COT) claimants. Although this finding applied to the five test cases, the decision to extend the benefits to the remaining COT cases was overturned. Consequently, the five test cases received a total award of several million dollars, while the other sixteen claimants received nothing.
Following the conclusion of the Senate investigation on March 23, 1999, Senator Alan Eggleston, the Committee Chairman, issued a press release, stating:
A Senate working party delivered a damning report into the COT dispute. The report focussed on the difficulties encountered by COT members as they sought to obtain documents from Telstra. The report found Telstra had deliberately withheld important network documents and/or provided them too late and forced members to proceed with arbitration without the necessary information. Senator Eggleston said: 'They have defied the Senate working party. Their conduct is to act as a law unto themselves.'
However, the TIO Board and Council concealed two critical issues from the Senate Estimates Committee: (1) They were aware that the TIO-appointed Resource Unit also obstructed the COT claimants' access to relevant documents during the arbitration process, and (2) the TIO and Telstra permitted this obstruction by allowing the Resource Unit to determine which documents were relevant for the arbitrator and which should be withheld.
Most Disturbing And Unacceptable
On January 27, 1999, Senator Kim Carr wrote the following after reading my first manuscript of absentjustice.com, which was also provided to the Prime Minister of Australia, John Howard:
"I continue to maintain a strong interest in your case along with those of your fellow 'Casualties of Telstra'. The appalling manner in which you have been treated by Telstra is in itself reason to pursue the issues, but also confirms my strongly held belief in the need for Telstra to remain firmly in public ownership and subject to public and parliamentary scrutiny and accountability.
"Your manuscript demonstrates quite clearly how Telstra has been prepared to infringe upon the civil liberties of Australian citizens in a manner that is most disturbing and unacceptable."
Their future in relation to Telecom may be irreparably damaged
A story of despair and heartache.
As my Federal Member of Parliament, The Hon David Hawker MP was instrumental in advocating for improved phone service in the Wannon electorate, where my business was located. I provided him with a copy of the same manuscript previously discussed with Senator Kim Carr. Mr. Hawker MP had also presented similar evidence to Senator Richard Alston in the John Howard government, both before and after their victory in March 1996.
On my behalf, Mr. Hawker MP, also a Liberal politician in the John Howard Government, submitted a report (see Open Letter File No/41/Part-One and File No/41 Part-Two). This report irrefutably demonstrates that my government-endorsed arbitration process was not conducted according to the arbitration procedures that Senator Richard Alston and his coalition colleagues had been assured would be followed.
Reviewing Open Letter File No/41/Part-One and File No/41 Part-Two reveals that the attached exhibits and evidence indicate that a proper investigation by Paul Fletcher, former Minister for Communications, Urban Infrastructure, Cities and the Arts, in the 2022 Morrison government, in June 1996, would have resolved most, if not all, of the issues I have been pursuing ever since.
I reiteratethat this report Open Letter File No/41/Part-One and File No/41 Part-Two has never been acted upon, despite Paul Fletcher, the current 2023 Shadow Minister for Government Services and the Digital Economy, Shadow Minister for Science and the Arts, and the Manager of Opposition Business, initially requesting that I provide it to him and Senator Richard Alston in June 1996.
On 26 September 1997, following the conclusion of most of the COT arbitrations, including mine, John Pinnock, the Telecommunications Industry Ombudsman (and the second-appointed administrator to the COT arbitrations), informed a Senate Estimates Committee (see Prologue Evidence File No 22-D) that:
"...In the process leading up to the development of the arbitration procedures—and I was not a party to that, but I know enough about it to be able to say this—the claimants were told clearly that documents were to be made available to them under the FOI Act."
"****Firstly, and perhaps most significantly, the arbitrator had no control over that process because it was a process conducted entirely outside of the ambit of the arbitration procedures."
]
(https://www.absentjustice.com/australian-federal-police-investigations-1/senate-evidence/)
Telstra defied the Senate working party.
On 23 March 1999, after most of the COT arbitrations had concluded, and business lives were ruined due to the hundreds of thousands of dollars spent on legal fees to fight Telstra and a corrupt arbitrator, the Australian Financial Review reported on the conclusion of the Senate estimates committee hearing into why Telstra withheld so many documents from the COT cases, describing it as:
a story of despair and heartache
:
A Senate working party released a damning report on the COT dispute, focusing on the difficulties COT members faced obtaining documents from Telstra. Senator Eggleston stated the report found Telstra had deliberately withheld crucial network documents, provided them too late, and forced members to proceed with arbitration without the necessary information. "They have defied the Senate working party," Senator Eggleston said. "Their conduct is to act as a law unto themselves."
It is remarkable that six senators formally recorded their belief that Telstra had "acted as a law unto themselves" throughout the COT arbitrations. The LNP government was aware that not only should the "litmus-test" cases receive their requested documents, but so should the other 16 Australian citizens involved in the same government-endorsed arbitration process (Refer toAustralian Federal Police Investigations-1 / An Injustice to the remaining 16 Australian citizens).
Corruption in government is destroying Australia's democracy, as illustrated in this Four Corners KPMG YouTube video.
Placing your mouse/cursor on thefollowing six named Senatorswill show you that all of the COT Cases arbitrations should have been transparently investigated by an arbitrator whose fees and the fees of his covertly exonerated technical and financial consultants were paid by the government and not the Telstra Corporation who were the defendants in all of the arbitrations.
Eggleston, Sen Alan – Bishop, Sen Mark – Boswell, Sen Ronald – Carr, Sen Kim – Schacht, Sen Chris, Alston and Sen Richard
The Senate's intervention to halt this unlawful conduct only benefited the five "litmus" COT cases (four) that had not yet reached arbitration. The remaining 16 COTs had already completed their government-endorsed processes, but without the bulk of their FOI requests/evidence. Because the Senate did not assist the remaining 16 in obtaining their FOI requests, they were unable to secure settlements that reflected their actual losses. Why were these 16 cases, which had undergone a disputable arbitration process, not even considered? This constitutes appalling discrimination by the LNP government. Furthermore, past and current government bureaucrats have the audacity to downplay Julian Assange's efforts on behalf of the COT cases, his fellow Australian citizens.
Why didn't the Australian government pressure Telstra to compensate all 21 COT Cases, not just the five where Telstra withheld or destroyed requested arbitration documents? As this Google link indicates (see What are the risks of hiding evidence during legal discovery?), there are significant risks associated with concealing evidence during legal discovery.
I reiterate: why were only 5 of the COT Cases provided with their previously withheld arbitration documents, while the remaining 16 COT Cases were not? Those five "litmus test" cases also received millions in punitive damages for enduring such a flawed arbitration, while the other 16 COT Cases received no compensation.
Telstra's Unlawful Withholding Of Documents: A Story of Despair and Heartache
Elected as a One Nation senator for Queensland on 2 July 1999, Senator Len Harris, whose home was 2,977 kilometres from Melbourne, travelled from Cairns to Melbourne on 25 July 2002 (a trip of over seven hours). His purpose was to meet with me and four other COT claimants in an effort to ensure our claims of discrimination by the Commonwealth were fully investigated.
The following day, at a press conference, Senator Harris directed these questions to the chief of staff for the Hon Senator Richard Alston, Minister for Communications:
"Through the following questions, the media event will address serious issues related to Telstra's unlawful withholding of documents from claimants, during litigation.
Why didn't the present government correctly address Telstra's serious and unlawful conduct of withholding discovery and/or Freedom of Information (FOI) documents before the T2 float?
Why has the Federal government allowed five Australians (from a list of twenty-one) to be granted access to some of the Telstra discovery documents they needed to support their claims against Telstra, but denied the same rights to the other sixteen?
Why has the Federal Government ignored clear evidence that Telstra withheld many documents from a claimant during litigation?
Why has the Federal Government ignored evidence that, among those documents Telstra did supply, many were altered or delivered with sections illegally blanked out?****(SeeSenate Evidence File No 56).
Senator Harris was concerned thata fair resolution of those sixteen COT cases had never been resolved (see "In the office provided for me, that because much of the FOI documentation was so blanked out that it was hard to match the correct correspondence to the Telecom Header Sheets in question.
The moment I brought to their attention the irregularities regarding the two faxes in question there was an immediate urgency to terminate my presence and I was asked to leave at 40.40 pm.")
This prompted me to phone Detective Superintendent Jeff Penrose of the Australian Federal Police and describe the situation. Mr Penrose responded that,
"... it is illegal to destroy documents during a discovery process,"' and explained that my attendance at Telstra's office qualified as an official 'discovery process'.
Chapter 10
And the Faults Continue
The issues drag on. Is the strategy to wait for me to give up? My faxing problems persist. While there is recourse through the courier company if documents sent by courier are lost, there seems to be no recourse if documents sent by fax through Telstra's network go missing.
The Missing Faxes
A story of despair:
In June 1998, I requested statements from five businesses regarding fax issues they experienced with me. Hawker's Secretarial Service in Portland responded, stating, "...being the only secretarial service in Portland, my fax machine is a valuable tool in my office, and to date I have never experienced problems with any of my other clients." These statements were then submitted to the TIO's office. However, my concern extended beyond the ongoing technical problems to the loss of business resulting from them.
On July 1, 1998, I
contacted the Deputy TIO, Mr. Wally Rothwell, regarding faxes that were either "lost" during my arbitration or delivered but illegible. I had been attempting to resolve this issue since the arbitration's commencement.
I also sent Mr. Rothwell copies of faxes that the arbitrator's office had returned to me after the arbitration concluded. These faxes had originally arrived at the arbitrator's office incomplete (as half-pages or blank pages). Similarly, bank statements I faxed to Ferrier Hodgson arrived devoid of detail. I questioned the TIO how FHCA could accurately assess my financial situation when crucial documents arrived blank. Predictably, the TIO did not respond.
On July 30, 1998, the Australian Federal Police informed me that they could not assist in locating my missing faxes. On August 18, 1998, the Attorney General's office echoed this sentiment. If neither the Federal Police nor the Attorney General's office are concerned about the loss of legal documents transmitted via fax, who can provide assistance?
Furthermore, I wrote to both the TIO and the Minister for Communications, requesting that they instruct the arbitrator's office and the TIO's legal counsel to provide me with copies of the "missing" claim documents, as stipulated by the rules of the arbitration agreement that Telstra and I had both signed.
Specifically, points 6, 7.2, and 25 of the FTAP rules state:
6. A copy of all documents and correspondence forwarded by the Arbitrator to a party or by a party to the Arbitrator shall be forwarded to the Special Counsel. A copy of all documents and correspondence forwarded by a party to the Arbitrator shall be forwarded by the Arbitrator to the Special Counsel and the other party.
7.2 The Claimant shall within 4 weeks of receipt of written notice from the Administrator pursuant to Clause 5 that he has received completed and signed Request for Arbitration forms send to Telecom and to the Arbitrator in duplicate, its Statement of Claim and any written evidence and submissions ('the Claim Documents') in support of that claim.
25 Within 6 week of publication of the Arbitrator's award, all documents received under this Procedure by the parties, the Administrator, the Resource Unit and/or the Arbitrator and all copies thereof, shall be returned to the party who lodged such documents.
A story of despair and heartache:
According to FTAP rules, Telstra and the TIO's legal counsel should have received copies of everything I sent to the arbitrator, regardless of whether I sent it by mail or fax. Furthermore, the TIO was obligated to instruct Telstra or their legal counsel to provide me with any "missing" documents. Therefore, I can only conclude that the TIO is aware that most of my claim documents never reached Telstra's defense unit or legal counsel. This would explain why the TIO hasn't directed them to return the documents to me. The actions of the TIO have done little to reassure me, or other members of COT, about the office's impartiality in mediating between us and Telstra.
For example, on February 26, 1999, I sent three faxes to COT member Graham Schorer. While the first and third faxes arrived as intended, the second did not. Graham's fax journal confirms receipt of the two faxes, marked with an arrow. However, my Telstra account shows that I was charged for all three long-distance transmissions. Had I not called Graham to discuss the missing document, we might never have realized that it had been lost in transmission. While one might dismiss such an incident as a minor system error, this has happened repeatedly, including during the months I was lodging my claim with the arbitrator back in 1994.
This raises the question of how many similar incidents have gone unnoticed over the years. How many individuals or businesses have unknowingly paid their Telstra bills for faxes that never reached their intended recipients?
Still trying to get my original claims addressed
On February 17, 1998, I sent the TIO a bound submission detailing Telstra's continued incorrect charging. This submission began with my arbitration case and included copies of relevant pages from the oral hearing transcript conducted on October 11, 1994, with Telstra, the arbitrator, a TIO representative, and myself present. These documents demonstrated that my claim documents regarding incorrect charging were accepted into the arbitration procedure. The submission included several pages explaining the significance of the material, so many that, as recorded on page 94 of the transcript, the arbitrator stated during the hearing, "I don't think we need any further examples."
Despite this overwhelming evidence, the TIO maintained that the problem only surfaced "at a late stage of the arbitration process." It seemed reluctant to impartially present my case on its own merits. On a positive note, the TIO did respond by asking Telstra if they agreed "that this matter was not addressed" in my arbitration. I was incredulous. Of course it wasn't addressed! As of this writing, I still await Telstra's response, though I'm not optimistic. I suspect that a judgment against Telstra for routinely overcharging customers would set a precedent they are keen to avoid. I bear the consequences, while Telstra evades the issue at all costs, supported by the TIO, Austel, and the government.
In 1998, I also submitted the transcript of the 1994 oral hearing to the TIO and the Minister for Justice, highlighting how the arbitrator, at that time, agreed to address Telstra's alleged tapping of my phone lines and monitoring of my private calls during the arbitration. The transcript reads:
Arbitrator to Smith: '... effectively any reference in your claim documents to date regarding unlawful phone tapping will be treated by me and the resource unit as unsubstantiated and therefore not relevant for the purpose of determining whether you're entitled to compensation.'
Me:'No, I will leave it in the claim because —'
Arbitrator: 'You understand if you leave it in your claim, Telecom is entitled to ask what is the basis for this allegation?'
Me:'Right, Okay, yes, all right.'
Arbitrator:'So you want to leave the allegation in?
Me: 'I will leave the allegation in.'
However, these claims were ignored, not only in my award but also by the TIO and the Minister.
If Telstra was permitted to eavesdrop on businesses while under government ownership, what will happen in a fully privatized environment, free from government oversight? Even now, how many other businesses are being monitored? How many overseas investors are being 'bugged' without their knowledge? How many businesses facing a takeover have their private information leaked to those who might profit from it? How many faxes are copied and sent to unintended recipients?
An article in the Melbourne Age on October 10, 1998, discussed electronic security and reported that anyone with access to Telstra's network could monitor faxes and retain copies without the sender's knowledge. The article also mentioned that telephone operators can eavesdrop on calls and that Telstra can access all calls, supposedly under strict controls.
This is a story of despair and heartache.
After three more years of telephone complaints following my award—including line-locks, dead lines, missing faxes, and 1800 billing problems—Telstra finally sent two representatives to meet with me at Cape Bridgewater on January 14, 1998. By then, I had compiled substantial evidence, largely from Telstra's own data and my itemized accounts. The Telstra representatives explained they were in contact with the TIO's office regarding my complaint that the arbitration had failed to address several issues raised in my original Letter of Claim. They deemed my evidence sound and took it with them, noting in their meeting summary:
... Mr Smith produced various printouts of CCAS data in comparison with his Telstra accounts. In many instances the calls add up however, in some cases there appeared to be differences in the duration of the call time. I note that the examples given by Mr Smith at the meeting spanned the period of the Arbitration and after the conclusion of the Arbitration.
Senator Alston wrote to David Hawker, my Member of Parliament, on February 27 and again on May 29, 1998, stating that Telstra was reviewing the documentation to resolve my concerns. I felt hopeful.
However, in a letter dated June 9, 1998, the Deputy TIO mentioned an upcoming meeting with the arbitrator to "clarify whether he did consider the 1800 issue during the arbitration." I was incredulous. It was unequivocally clear that these issues had been excluded. A letter dated November 15, 1995, from the TIO-appointed Arbitration Project Manager to the TIO, explicitly stated that NONE of the billing issues, including the 1800 issues, had been investigated during my arbitration. Furthermore, on October 3, 1995, Austel had written to Telstra, copying the TIO, questioning why the billing issues I raised during my arbitration had NOT been addressed.
In July 1998, seven letters between the TIO office and me revealed that many claim documents—which my Telstra account confirmed were faxed to the arbitrator's office in 1994–95—had either not arrived or were damaged upon arrival. Yet, on August 25, 1998, Mr. Pinnock (TIO) wrote to me:
The only issues that I am considering, as the former Administrator of your arbitration, are the alleged overcharging for your 1800 service and matters pertaining to your Gold Phone service, and whether they were considered in the final award.
Notably absent was any mention of my complaints regarding lost faxes, or any explanation for their exclusion. I wondered if there was a hidden reason for this omission, particularly since my submission clearly emphasized the importance of the lost fax issue. Moreover, he failed to address even the issues he claimed to be considering.
A story of despair and heartache.
In June 1996, I informed the Telecommunications Industry Ombudsman (TIO) that four letters pertaining to 1800 billing claims, which were addressed to the arbitrator, had not been provided to me during my arbitration proceedings. On August 2, 1996, the Resource Unit responded to my letter, admitting to both the TIO and the arbitrator that they had withheld these letters. In 2002, I received a copy of my original letter to the TIO, dated June 26, 1996, on which the TIO had added a handwritten note stating:
'These are quite serious allegations. We need to respond to specific letters Smith says weren't forwarded or received and provide answers on each.'
Since 1996, I have sent approximately sixty to seventy letters to the TIO, requesting that they investigate these "serious allegations"—which are, in fact, not allegations but the truth. The TIO has consistently refused, advising me that if I remain dissatisfied, I am free to pursue legal action against them and the arbitrator, knowing full well that I lack the financial resources to do so.
I consider this to be criminal collusion. Furthermore, as I have previously demonstrated, Austel and the TIO permitted Telstra to secretly address these same four 1800 billing documents in October 1995, five months after my arbitration concluded. Did the TIO and the defendants conspire to conceal these billing documents from the arbitrator and me? And if so, why? Was it to allow Telstra to address them outside the arbitration process, thereby undermining my legal right to challenge Telstra's defense of these documents?
Telstra's CEO at the time, Frank Blount, acknowledged the extent of the 1800 billing issues in his 1999 book, Managing in Australia. According to the book, not only the billing but also most aspects of the 1800 "product's" performance were "sub-standard," a revelation that reportedly "shocked" Blount.
Telstra management was undoubtedly aware of these issues four years earlier, when they knowingly provided the government regulator with grossly inaccurate information during my arbitration. Moreover, the Resource Unit's technical consultants refused to investigate the evidence concerning my 1800 line.
Enough is Enough
In June 2001, I decided to sell the business, and in December of that year, Darren Lewis took ownership. My wife, Cathy, and I retained the property next door. I had hoped that the problems with Telstra stemmed from a personal vendetta against me and that they would cease once I was no longer involved. Unfortunately, this was not the case.
Beginning in March 2002, Darren Lewis sent numerous letters to the TIO, reporting fax-related issues similar to those I had experienced. Mr. Lewis received support from the Hon. David Hawker, who wrote to him in October 2002:
Given the serious communications problems encountered by the former proprietor of your business (Mr. Alan Smith), I intend to make representations on your behalf directly to the Federal Minister for Communications and Information Technology.
A story of despair and heartache.
In November 2002, the Channel 9 Sunday Program featured the camp in a story about various COT cases and Telstra. Following the broadcast, I received a letter from Barry Sullivan:
After viewing the Sunday programme, I realize the similarities between the problems your business and others experienced with Telstra ten years ago and the difficulties our building business encountered when we lived at Bridgewater. Between the late 1980s and early 1990s, we had considerable problems with our phone service. These issues negatively impacted our building business to such an extent that our work dried up.
I hadn't encountered Barry Sullivan's case during my arbitration. In fact, Austel had passed information to Telstra regarding other Cape Bridgewater residents experiencing ongoing telephone problems similar to mine, but this information was withheld from me (and presumably the arbitrator) during the proceedings. By the new millennium, the issue had become widely known. On August 8, 2003, the Portland Observer published an article headlined 'Plans afoot to attract tourists':
The Cape Bridgewater Tourist Association is planning a major swimming event each New Year's Day in a bid to attract tourists to the area. At their meeting on Tuesday, association members also expressed continuing problems with the telecommunications into the area.
One operator, Denis Carr, said he had been told Telstra was rectifying the problem.
I doubt he was holding his breath.
Meanwhile, Darren Lewis's situation wasn't improving. In November 2002, thePortland Observer noted:
The telecommunications problems which plagued former Cape Bridgewater Holiday Camp operator Alan Smith have continued to beset current owner Darren Lewis. Mr Smith is a founding member of the Casualties of Telstra. Mr Lewis said this week he had experienced several problems with the phone and fax service since taking over the Cape Bridgewater Holiday Camp last year.
'Telstra admits there is a fault and they are trying hard to solve it,' he said.
However, in January 2003, Darren Lewis was compelled to write to the TIO, John Pinnock:
As well as speaking to David Hawker's representative this morning, I also had a disturbing discussion with Tony Watson, the Telstra fault technician assigned to my case. Mr. Watson informed me (in a roundabout way) that he is reluctant to supply me with any more information in relation to our phone faults because he knows I am in contact with Alan Smith, the previous owner of the business.
Was Telstra afraid I might try to reopen my arbitration? Or was Mr. Watson still harboring a grudge from something that was supposedly resolved in my arbitration nine years prior? Regardless, it's outrageous that Darren Lewis had to endure such treatment—treatment that is essentially endorsed by a government unwilling to confront Telstra.
Back to the politicians
A story of despair and heartache:
In 2002, Senator Len Harris of Queensland attempted to initiate a government investigation into the injustices surrounding the COT arbitration cases, seeking to secure justice for the sixteen COT claimants who had been excluded following the Senate Inquiry. Although the government advised Senator Harris that they would review the cases he raised, no investigation ever materialized. Three years later, newly elected National Party Senator Barnaby Joyce, who had just replaced Senator Harris, revived the issue. Both Senators, despite representing different parties, shared a strong conviction regarding the denial of natural justice in the COT cases and were determined to rectify it.
In July 2005, Senator Joyce agreed to support the sale of Telstra in the Senate, but only on the condition that the unresolved arbitration issues of the COT cases were officially and appropriately addressed. However, after Senator Joyce cast his crucial vote, Minister for Communication Helen Coonan reneged on her commitment, leaving the COT claimants unsupported once again. Senator Joyce, feeling betrayed, spent a year demanding the justice he believed he had secured, but his efforts were in vain.
In March 2006, Minister Coonan did concede to a government process involving a commercial assessment by public servants. Of the fourteen COT cases then outstanding, only two, including mine, agreed to participate. The other twelve harbored no expectation that their claims would be assessed with genuine independence.
To support my assertion that my arbitration had failed to resolve my phone and faxing problems, the Hon. David Hawker, then Speaker in the House of Representatives, submitted a statutory declaration by Darren Lewis, the new owner of the business:
After Telstra rewired the business, including disconnecting a Telstra-installed faulty phone alarm bell, we were informed Telstra had found other problems and believed whoever had installed the wiring had done an unprofessional job. Internal Telstra documentation provided to me by Alan Smith confirmed Telstra themselves had done the wiring. Jenny and I noticed that although our incoming call rate had more than doubled once this wiring had taken place Telstra was still unable to provide a satisfactory reason as to why we were still having problems.
Telstra informed us we had what is commonly known in technical words as a line in lock-up rendering our business phone useless until the fault is fixed. It was then that the local technician informed me that as strange as it might seem he believed that because our business was on optical fibre and so close to the Beach Kiosk (junction box) this could very well be part of the problem ... It was on this note that the technician informed me that although it was a backward step he was going to investigate the possibility of moving the business off the optical fibre and back onto the old copper wiring****._
...a story of despair and heartache.
Despite this strong confirmation of my case, Senator Coonan responded to my representation to Telstra on May 17, 2007, stating:
Telstra is not prepared to undertake an alternative means of pursuing this matter. I also appreciate the depth of feeling regarding the matter and suggest you consider whether any court proceedings may be your ultimate option.
Telstra's power seems impregnable, leaving me to wonder at its reach.
The Sad Fate of Darren Lewis
On January 28, 2003, TIO officer Gillian McKenzie wrote to Telstra, stating:
"Mr. & Mrs. Lewis claim in their correspondence attached:
That they purchased the Cape Bridgewater Coastal Camp in December 2001 and have since experienced a number of unresolved issues with their telephone service.
That a Telstra technician, Mr. Tony Watson, is currently assigned to his case but appears unwilling to discuss the issues with Mr. Lewis due to his contact with the previous camp owner, Mr. Alan Smith." (SeeHome-Page File No/76andD-Lewis File 1-I)
Was there a more sinister motive behind the Telstra technician's refusal to assist Darren Lewis with the ongoing phone/fax problems? These were the same problems that Telstra and the arbitrator assigned to my case had failed to investigate transparently nine years prior. Why, in 2002/2003, was this Telstra technician still holding a grudge related to my 1994/1995 arbitration? Specifically, why was he now refusing to help Mr. Lewis with the ongoing phone and facsimile problems that should have been addressed during my arbitration?
Darren Lewis, frustrated with the Telstra
employee's inaction, photographed the wiring running from Telstra's pit to his residence and office—the same office I occupied from 1988.
While preparing to install a heating system under the house as part of renovation plans, Mr. Lewis accidentally severed a Telstra cable, buried only half a shovel deep, in a waterlogged area. An overflowing downpipe from the main accommodation block had been saturating the inadequately buried Telstra cabling (see photos taken by Mr. Lewis).
AUSTEL records indicate the Telstra cable was installed in 1991. The photos show that the faulty installation led to the cable becoming waterlogged. Yet, on April 6, 1995, during my arbitration, my request to Telstra and the arbitration's technical consultants to test all three of my service lines and inspect the Telstra pit outside the office—to ensure the Customer Access Network (CAN) met the proper network standard—was denied.
A story of despair and heartache:
Mr. Lewis's 22 photos starkly illustrated the poor workmanship of Telstra's cable installation. The open pipe was filled with water, which had run down to the u-bend. After Telstra installed new cabling, Darren reported to the TIO that incoming calls had increased by over 100%, a claim confirmed by CCAS data.
Why, then, was my arbitration focused elsewhere? Shouldn't the TIO and its appointed technical consultants have investigated the persistent telephone problems I was experiencing? It appears the arbitration was structured to shield Telstra from the wider issues plaguing their aging copper wire network. The arbitrator, it seems, merely needed to provide a compensatory award, effectively concealing the underlying problems, a pattern that has persisted for over two decades.
On 1 September 2004, Darren Lewis, who purchased my holiday camp in December 2001, wrote to our local MP, David Hawker, stating:
"I must also reiterate my thanks for the pressure you put on Telstra in late 2002 – I believed it was this that finally forced them to re-wire the kiosk at the camp and disconnect the faulty telephone alarm bell which local Telstra employees believed could have been causing some of the problems with incoming calls. Although the incoming calls increased dramatically once the re-wiring had been done, the trauma of the first year we were here has not gone away."
Telstra waited until ten months after I sold the business to investigate the ongoing telephone and faxing issues I raised during arbitration, and a full six years after the arbitration concluded. Is this not a clear case of discrimination? Did Telstra collude with the arbitrator to focus solely on old, anecdotal faults, deliberately ignoring ongoing problems in the rural network that, if acknowledged, could have opened Telstra to further lawsuits from rural customers?
When I showed the Hon. David Hawker MP that the arbitrator had only addressed historical issues, neglecting the ongoing problems affecting both myself and other Cape Bridgewater customers, he arranged a meeting at Parliament House in Canberra with Senator Alston, the then-Minister for Communications. The senator's staff agreed to investigate a 60-page report, complete with attachments, that I provided. However, the report was eventually returned without the attachments, accompanied by a letter from Paul Fletcher, refusing to address its contents. This same Paul Fletcher is now the Hon. Senator Paul Fletcher, who from 2014 to 2016, assisted the present Prime Minister of Australia with the problems associated with Telstra's ailing copper wire network, the very issue hindering the NBN rollout.
A story of despair and heartache.
On26 May 2019, Paul Fletcher was appointed Australia's Minister for Communications and the Arts (seeMedia Release: Fletcher 'deeply honoured' to be appointed Minister for Communications, Cybersafety and the Arts).
With the appointment of the new Minister for Communications, it is hoped that The Hon Paul Fletcher will review the evidence previously provided to Senator Alston in September 1995, updated in June 1996, and the more recent information available on absentjustice.com, especially considering the findings of numerous senators that the COT arbitrations were not conducted lawfully.
Had the TIO allowed its appointed arbitration technical consultants to properly investigate the COT cases, the corroded copper wire network could have been uncovered and investigated in 1994, rather than in 2012, potentially saving current Telstra shareholders from bearing the financial burden. This situation explains why The Hon David Hawker expressed his frustration upon learning that Darren Lewis was still experiencing phone problems in November 2006, as evidenced in Main Evidence File No 3.
Two photos taken by Darren Lewis were provided to Senator Len Harris, illustrating the shallow depth at which the cabling was running: 50 meters along a trench less than half a shovel deep.
Following this, a professional video production company was engaged to produce a video showcasing the condition of the actual wall sockets with the casing removed. Copies of this video are still available; however, attempts to transfer it to CD in April 2016 revealed that the quality was insufficient for internet use.
In December 2002, after the video was produced by Noel Waugh (Video Production of Portland), a copy was sent to the office of Senator Richard Alston, the then-Minister for Communications. Unfortunately, like many government bureaucrats, the staff in Senator Alston's office did not grasp the video's relevance to the ongoing issues, nor did they recognize it as evidence of the incompetence of some Telstra employees, particularly in rural areas. Ultimately, it was Telstra's incompetence, combined with a lack of concern for suffering telephone customers, especially those with telephone-dependent businesses, that led to the ruin of numerous small business operators.
If the arbitration had been conducted according to the Commercial Arbitration Act 1984 and ALL of the ongoing telephone and faxing claim documents had been investigated, Darren and Jenny Lewis (as the new owners of the business) would not have suffered. The forced sale of the business was a direct result of the TIO and Telstra failing to transparently investigate the claims. Both the TIO and Telstra failed to disclose their investigation conducted on 14 January 1998, after the arbitration, which indicated that the phone problems were likely to persist.
A story of despair and heartache.
If the TIO conducted an internal investigation into my claims of illegal interception of COT faxes, only to conclude that the faxes were lost due to network faults (the very network being investigated by the arbitrator), their failure to address my interception claims was deplorable. This is because, regardless of whether the missing documents were intercepted or lost due to network faults, critical claim documents relevant to the COT claims were not assessed during the arbitration process, despite the Federal Labor Government's endorsement of these arbitrations.
(see Bad Bureaucrats File No/11 – Part One and File No/11 – Part Two)
Copper Wire was not compatible
On 4 September 2006, The Hon David Hawker MP, Speaker in the House of Representatives, forwarded Darren Lewis's letter to the Hon Senator Helen Coonan, Minister for Communications, Information Technology and the Arts, along with a two-page statutory declaration, noting:
"Letters from us to our local Federal Member of Parliament, the Hon David Hawker, Speaker in the House of Representatives, led to Telstra visiting our business to investigate these continuing problems.
"After Telstra rewired the business, including disconnecting a Telstra-installed faulty phone alarm bell, we were informed Telstra had found other problems and believed whoever had installed the wiring had done an unprofessional job.
"Internal Telstra documentation provided to me by Allan Smith confirmed Telstra themselves had done the wiring.
"Jenny and I noticed that although our incoming-call rate had more than doubled once this wiring had taken place Telstra was still unable to provide a satisfactory reason as to why we were still having problems. ...
"The technicians then in a hookup consultation with outside office guru's did a fault graph reading on our 55 267267 line with the outcome that their office technical staff stated words to the affect the reading was impossible (couldn't be correct). It was then that the local technician became quite annoyed when the technical guru insinuated that the equipment the local tech was using must be faulty. The local tech then informed the technical guru that there was nothing wrong with the equipment at all."(SeeMain Evidence File No 13)
Most, if not all, of the COT cases suffered from sleep disorders and stress for years due to their battles with Telstra's senior management, who consistently denied any phone problems affecting their businesses. These denials, made by Telstra employees like Tony Watson, occurred after the COT Cases had spent hundreds of thousands of dollars in arbitration fees, based on government promises that the issues would be resolved through government-endorsed processes, causing significant harm.
A story of despair and heartache:
I also provided Ms. Howard with a letter, dated March 21, 1999, addressed to Casualties of Telstra, C/- The Small Business Show, Channel Nine. This letter alluded to the suicides of others who had suffered at the hands of Telstra:
"I watched your show on Sunday morning carrying the piece on Telstra. I was interested to hear of Telstra's lies under oath, destruction of evidence, etc, etc.
"I started a lawsuit 2½ years ago against Telstra for breach of contract during their cable TV rollout. They have placed every obstacle in our way and dragged the case out to try to bleed us dry. They sent dozens of contracting companies such as mine to the wall by manipulating markets and breaching contracts. Only 3 companies have had the resources to fight them. Unfortunately two company owners have allegedly committed suicide due to the loss of their homes and families as a consequence of Telstra's actions, although this would be difficult to prove.
"As a direct consequence I have lost my home, separated from my wife, lost hundreds of thousands of dollars and a twenty year old business and fought a very dirty legal battle. My other partners have had to sell or re mortgage homes and one has retired without any of the security he should have had from ownng a business for over twenty years."(SeeHome Evidence File No/7)
Additionally, I provided a letter I received, dated November 8, 2002, from a man in South Australia, who wrote:
"I am writing to you following viewing the Channel 9 Sunday Program on 3/11/02. After viewing the Sunday program, I realised the similarities you business and others had with Telstra some ten years ago with the similarities our building business had, when we lived at Bridgewater. ...
"During this period of time I was on a call talking to a councilor . She believed that the conversation we were having was being bugged, or listened into, and we immediately ceased the call. ...
"Our phone problem had such a negative effect on our building business over a period of time that our work dried up and or business shut down."****(SeeHome Evidence File No/15)
These letters paint a picture of despair and heartache.
Darren's concern that his phone conversations might also be illegally monitored arose when he found my accreditation file in the camp office. I had inadvertently left it there when handing over the camp to him. The file contained Australian Federal Police/Telstra intercept documents, including a notification from Telstra to the AFP, dated 14 April 1994. This document stated that Telstra had installed equipment in the Portland exchange, causing a bell to ring whenever I received an incoming call, thus enabling the person on duty to listen in. After reviewing these documents, Ms. Howard created a Risk Management Plan for Darren (AS-CAV Exhibits 589 to 647- See Exhibit AS 629). This plan included a warning that if Darren experienced suicidal thoughts, he should share them not only with his wife but also with me and Portland Health.
The situation remained unresolved in 2002/2003. Nine years after my arbitration process, Telstra still hadn't fixed my original telephone problems and continued to obscure the Lewises' ongoing telephone issues. Investigating these problems transparently would have exposed the deceptive and undemocratic nature of my arbitration process. The Lewises' lives, like mine and my partner's, were considered insignificant as long as Telstra's network deception remained protected at all costs (see alsoChapter 4 The New Owners Tell Their Story and Chapter 5 Immoral - hypocritical conduct).
I am sure that many politicians from both sides of the house recognize that Absent Justice My Story is not a website that attacks the government with baseless accusations. Established in January 2015, twenty years after I exhausted every possible avenue to prove my claims, the website details how none of my ongoing billing faults, raised with the government in 1993 and 1994 by my then Federal Member of Parliament, the Hon. David Hawker MP, and Shadow Minister for Communications, the Hon. Richard Alston, were addressed during my government-endorsed arbitration in 1994. I have consistently maintained, as have many government ministers from both sides of the House, that the first four COT case arbitrations were intended to resolve the COT cases' telephone problems and award damages if the claimant substantiated their claims. The arbitrator, Dr. Hughes, determined that Telstra's phone service was indeed deficient throughout the duration of my claim.
A story of despair and heartache.
However, Telecommunications Industry Ombudsman (TIO) records show that AUSTEL warned the TIO on October 3, 1995—five months after Dr. Hughes rendered his award—that none of my ongoing billing telephone faults raised in arbitration had been investigated or addressed during the arbitration process. Despite this warning, and further advice on November 15, 1995, from TIO arbitration project manager John Rundell confirming that the arbitrator had not addressed any of my billing faults, the TIO (the administrator of my arbitration) took no transparent action to investigate why these ongoing billing problems remained unresolved.
Telecommunications Industry Ombudsman
FOI folio I00271 and I00265
Telstra Freedom of Information (FOI) documents folioI00271 and I00265 (see Our Saga File N0 3-A to 3-C) serve as evidence that the TIO knew my billing faults persisted for years after the arbitration. I can provide, upon request, government records demonstrating that the TIO misled government ministers over many years regarding the validity of my claim. Telstra FOI document folio I00271 (File N0 3-A), dated October 24, 2002, supports that the TIO was fully aware of the ongoing telephone and faxing problems experienced by Darren and Jenny Lewis after they purchased my business. This document states:
"The TIO have now raised a level 1 complaint on behalf of Mr. & Mrs. Lewis. The TIO have specifically mentioned in their correspondence that the TIO have previously investigated a number of complaints raised by the previous account holder for this service in which similar issues were raised."
The redaction of my name does not obscure the fact that I was the previous account holder for that telephone service.
The second Telstra FOI folio, I00265 (File N0 3-B), dated October 24, 2002, states:
"David Hawker MP has written to Senator Alston on 10 October and included a 3 October letter from Darren and Jenny Lewis. This 3 October letter has been cc'd to the TIO but doesn't seem to have made its way into Telstra yet. Will follow in Cicero and respond accordingly. Hopefully, the TIO will become involved and that will take the Minister and Member out of the equation."
I highlight FOI folio I00265 to illustrate how easily valid claims can be concealed from government ministers if the TIO intervenes. The statement above indicates that these ongoing faults at Darren and Jenny Lewis' business would remain hidden if the then Minister (Senator Richard Alston) and the Member (The Hon. David Hawker) were kept "out of the equation."
Numerous other documents on my website demonstrate that various government ministers, including Senator Richard Alston and The Hon. David Hawker MP, were misled regarding the validity of my claims that the arbitration failed to address my ongoing telephone and faxing problems, which ultimately forced me to sell my holiday camp.
A story of despair and heartache:
Darren first suspected his phone conversations might also be illegally monitored when he found my accreditation file in the camp office. I had inadvertently left it there when handing the camp over to him. The file contained Australian Federal Police (AFP)/Telstra intercept documents, including one dated 14 April 1994, from Telstra to the AFP. This document notified the AFP that Telstra had installed equipment in the Portland exchange that would cause a bell to ring whenever I received an incoming call, alerting the person on duty to listen in on the conversation. I provided this Risk Management Plan (AS-CAV Exhibits 589 to 647- See exhibit AS 629) to the Australian Government and the Administrative Appeals Tribunal during my 2008 Freedom of Information hearing – No V2008/1836.
About six weeks after Ms. Howard's visit, Darren told me he was considering selling the camp but was concerned about disclosing the ongoing telephone problems to prospective buyers. He acknowledged that when I sold him the business, I genuinely believed Telstra would resolve the issues once I was no longer involved, an expectation he had shared. However, he now felt obligated to reveal the persistent nature of these problems to any potential buyers.
The Portland Coastal Real Estate Agency recorded two offers for the camp: $1,300,000 in April 2007 and $1,200,000 in June. Darren subsequently withdrew the property from the market. In July 2007, Brian Hodge, a technical expert with 29 years of prior experience at Telstra, inspected the property and provided Darren with a report indicating that the faults were worsening.
BCI and SVT reports - Section One
Who Highjacked the BCI and SVT Reports
The government and the Telecommunications Industry Ombudsman never discussed the following Federal Magistrates Court letter from Darren Lewis, dated3 December 2008, nor its relevance to the apparent hijacking of several arbitration documents from 1994 to 1995 (i.e., their failure to reach the arbitrator's office). This letter, when considered alongside my 2008 Administrative Appeals Tribunal submissions during October 2008 and 2011 (see Chapter 9 - The ninth remedy pursued and Chapter 12 - The twelfth remedy pursued), strongly suggests that Telstra had a mole within Australia Post. My letter to the Hon. David Hawker MP on 29 October 2001 details how crucial arbitration mail never reached the arbitrator. Letters attached to this website, absentjustice.com, and Chapter 4 - Government spying and Australian Federal Police Investigations, corroborate my earlier claims that emails sent during my arbitration never arrived at the arbitrator's office.
My letter to the Hon David Hawker MP (File 274 - AS-CAV Exhibit 282 to 323) indicates that even Portland Australia Post staff were aware of potential security issues with mail leaving their office. Given this, the potential for mail interception casts doubt on the delivery of my arbitration documents to the arbitrator in 1994 and 1995. Similarly, the new owners of my business sent Telstra-related documents to the Federal Magistrate Court, but the risk of non-delivery raises concerns about their receipt. A letter from Darren and Jenny Lewis (the new owners) dated December 3, 2008, further highlights these concerns, suggesting a lack of transparent government investigation. Darren Lewis's statement to the Federal Magistrates
Court, made during bankruptcy proceedings related to overdue taxes in late 2008, illustrates this:
In 2008, Darren Lewis wrote to the Federal Magistrates Court stating:
I was advised by Ms McCormick that the Federal Magistrates Court had only received on 5th December 2008 an affidavit prepared by Alan Smith dated 2 December 2008. PLEASE NOTE: I originally enclosed with Alan Smith's affidavit in the (envelope) overnight mail the following documents:
Two 29 page transparent s/comb bound report titled SVT & BCI – Federal Magistrates Court File No (P) MLG1229/2008 prepared by Alan Smith in support of my claims that I had inherited the ongoing telephone problems and faults when I purchased the Cape Bridgewater Holiday Camp
Two s/comb transparent bound documents titled Exhibits 1 to 34
Two s/comb transparent bound documents titled Exhibits 35 to 71 (the attached 71 Exhibits was enclosed in support of Alan Smith's 29 page report);
Three CD Disks which incorporated all of the submitted material.
"On learning from Ms McCormick that the information discussed above in points 1 to 4 had not been received by the Federal Magistrates Court I again had a stress attack seizure, a problem I have been suffering with for quite some time due to the predicament I now find myself in and the disbelief that once again my mail has been intercepted. I have attached herewith dated 3rd December 2008, a copy of the Australia Post overnight mail receipt docket numbers SV0750627 and SV0750626 confirming the total cost to send the above aforementioned information was $21.80. I am sure Australia Post would confirm that a large amount of documents would have been enclosed in these two envelopes when they left Portland.****(SeeMy Story Evidence File 12-A to 12-B)
Australia Post retains and stamps overnight parcel receipts as proof of postage payment. The fact that the parcels did not arrive at their destination with all the enclosed information suggests that those documents were lost between the Portland Post Office and the Magistrates Court.
a story of despair and heartache
As I have reported throughout this webpage, numerous Telstra COT-related arbitration documents, including those lost en route to the Federal Magistrates Court in December 2008, were also lost during 1994-95 en route to the arbitrator hearing my case.
As Darren's letter shows, I assisted him in preparing his bankruptcy appeal against the Australian Taxation Office (for back taxes) by providing evidence that the Telstra Corporation knowingly submitted two false and fundamentally flawed Cape Bridgewater reports to the arbitrator during my arbitration. This was done to deliberately mislead the arbitrator into believing that there were noongoing phone problems affecting my business.
I offer two Telstra FOI documents, folio I00271 and I00265 (seeOur Saga File N0 3-A to 3-C), as evidence that the TIO knew my ongoing billing faults continued for years after my arbitration. Government records also show that the TIO misled and deceived government ministers over many years regarding the validity of my claim. Telstra FOI document folio I00271 (File N0 3-A),dated 24 October 2002, supports the claim that the TIO was fully aware of the ongoing telephone and faxing problems experienced by Darren and Jenny Lewis after they purchased my business. This document, folio I00271, states:
"The TIO have now raised a level 1 complaint on behalf of Mr & Mrs Lewis. The TIOhasspecifically mentioned in their correspondence that the TIOhaspreviously investigated a number of complaints raised by , the previous account holder for this service, in which similar issues were raised."
The blanking out of my name does not conceal the fact that I was the previous account holder of that telephone service.
The second Telstra FOI folio, I00265 (File N0 3-B), dated 24 October 2002, states:
"David Hawker MP has written to Senator Alston on 10 October and included a 3 October letter from Darren and Jenny Lewis. This 3 October letter has been cc'd to the TIO but does not seem to have made its way into Telstra yet.I willfollow in Cicero and respond accordingly. Hopefully, the TIO will become involved, and that will take the Minister and Member out of the equation."
I highlight FOI folio I00265 because it exemplifies how valid claims against Telstra could easily be hidden from the relevant government Minister if the TIO became involved.
The above statement makes it clear that these ongoing faults at Darren and Jenny Lewis' business would remain hidden if the then-Minister (Senator Richard Alston) and the Member (The Hon. David Hawker) were kept "out of the equation."
These were the same ongoing telephone faults that the arbitrator failed to investigate during my arbitration.
A story of despair and heartache:
In August 2009, Darren and Jenny Lewis were evicted from their property due to a bankruptcy court order. The camp was subsequently sold for less than $600,000, a significant loss considering a local real estate broker had valued it at $1.2 million just two years prior (see Cape Bridgewater Eco-Tourism Venture).
Chapter 11
Summing Up the Years
Driven by a refusal to accept defeat, I continued for several years after my "award" to challenge the unresolved issues in my arbitration. However, my efforts to address these issues were consistently unsuccessful.
During this time, the COT members and I sent updated information supporting our claims to various ministers, officials, politicians, and senators, including Warrick Smith, Richard Alston, and Amanda Vanstone. I repeatedly provided documented proof that my arbitration had not adhered to the principles of natural justice. In 2014, I also briefed the Hon. Tony Abbott, Prime Minister, and the Hon. Malcolm Turnbull, Minister for Communications.
I twice appealed to the Administrative Appeals Tribunal to obtain documents promised for my arbitration, but with limited success.
Furthermore, I lodged three complaints with the Institute of Arbitrators. The first complaint was described in Chapter 9. In 2001, the Institute agreed to investigate new evidence, during which Mr. Nosworthy revealed that the arbitrator had been unqualified during my arbitration. Despite this revelation, the Institute concluded that there was no case to answer. Finally, in July 2009, the Institute of Arbitrators Mediators Australia (IAMA) agreed to investigate further new evidence. This included the TIO's statement at the Senate Estimates Committee that the "process conducted entirely outside the ambit of the arbitration procedure" (See page 99 COMMONWEALTH OF AUSTRALIA - Parliament of Australia).
Institute of Arbitrators Mediators Australia
In October 2009, I provided the IAMA with additional evidence from forensic technical consultants, confirming that someone with access to Telstra's network had been screening and intercepting claim documents related to at least four separate COT arbitrations. This evidence indicated that for at least seven years after my arbitration concluded, my faxed documents were being screened and intercepted before reaching their intended destinations. Although the arbitrator had agreed to address the issue of interception, he ultimately failed to do so. He was legally obligated to provide findings on all materials presented, yet he made no mention of interception whatsoever. Despite the clear relevance of this matter, the IAMA's response to my supporting documentation was unenthusiastic:
Presently, IAMA does not require this further documentation to be sent. However, the investigating persons will be notified of these documents and may request them at a later date****...
No one ever requested them.
A story of despair and heartache:
I began to wonder if I was alone in recognizing the enormity of this interception of confidential arbitration documents. Was I the only one concerned about how many other Australian arbitration processes might be subject to this type of hacking, with documents secretly and illegally screened before reaching their intended destination?
However, I am not alone. On December 17, 2014, one of the forensic technical consultants who attested to the validity of the report's findings wrote to me:
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.
The IAMA Ethics and Professional Affairs Committee last contacted me in 2014. Despite agreeing to investigate, they have steadfastly refused to release any findings, despite my repeated requests.
When I
complained to the TIO, his response was dismissive: "Your arbitration is over."
A positive development did arise from the AFP investigation into the COT cases. Although I was unable to directly benefit, the AFP's report to the Minister, confirming the interception of COT claimants' phone conversations, led to amendments in the Telecommunications Interception Act in 1995, aimed at protecting users' privacy.
So, while my arbitration is indeed over, I remain hopeful for justice from a system that promised it to us.
We COT members feel betrayed by every government office we have approached for help. We face a stonewalling Telstra and an uncooperative TIO. It is as if we are insignificant, our problems inconsequential. We may receive responses from the relevant minister or department, but there is no follow-up, no meaningful action. Only the Commonwealth Ombudsman has consistently fulfilled its role in accordance with the principles of law and justice. Ministers are helpful while in Opposition, but once in government, we are once again unwelcome.
This is a story of despair and heartache.
Looking back on the years since the 'award' was decided, I often considered giving up. However, I couldn't ignore the significant omissions, oversights, and dismissals within the 'award' itself. The very foundation of the 'award' rested on blatant fabrications, easily disproven. For example, it claimed tourism numbers in my region had declined during the period of my claim, while all statistics indicated an increase. Furthermore, the chairman of Austel had promised that consequential losses would be included in any awards, a promise that was never fulfilled. After the considerable financial investment in preparing my case, and the subsequent business losses that forced me to re-mortgage my property three times just to continue fighting for public and ministerial attention on these issues, how could I simply walk away?
Had Telstra addressed the issues of lost faxes and eavesdropping, or had the arbitrator done so, I likely would have accepted the award, albeit reluctantly. Had the arbitrator addressed the incorrect charging, I would have accepted. Even if the arbitrator had raised the issue of Telstra using falsified and impracticable documents in their defense, I wouldn't have questioned his integrity. Had he been appropriately qualified, I would have had more confidence in his judgment. However, for the many reasons outlined in this book, the arbitrator was far from impartial and therefore could not be considered an independent adjudicator in my arbitration. My claims on all these critical issues were effectively silenced through their deliberate omission.
Conflict of Interest
No author should present a partial account of factual events, omitting relevant information that might reflect negatively on another party involved. A complete and factual representation of the COT arbitrations, encompassing both positive and negative aspects, is essential.
Therefore, I must address a significant conflict of interest that undeniably influenced the outcome of the initial four arbitrations. I felt it was best to leave this issue to last.
Exposing the conflict of interest between Graham Schorer (Golden Messenger) and Dr. Gordon Hughes has been the most difficult decision I've faced since I began sharing the COT story. The fact that Telstra, as the defendant in these four arbitrations, allowed this conflict of interest to persist before the four complainants signed the arbitration agreement in April 1994 suggests that they perceived it as advantageous to their defense. I only discovered this conflict of interest in 2008, after Graham Schorer requested in August 2006 that I write several reports concerning the COT story.
A Story of Despair and Heartache:
After I explained to Graham/Golden how his conflict of interest with the arbitrator had unfairly benefited him, unlike the other COT Cases, he expressed remorse. He acknowledged that Dr. Hughes's conduct was highly questionable and that the Senate, had it known about this conflict during their 1997-1999 Freedom of Information investigations, would likely have launched a full Senate hearing. Graham wanted to atone for his actions by submitting my reports to the Senate, believing that providing them to senators he knew in Canberra would ease his conscience. This act, he hoped, would be his redemption, driven by his shame for having personally benefited from his past association with Dr. Hughes while the other COT Cases did not.
Years into my research on Graham's involvement in the COT arbitrations, I discovered that Dr. Gordon Hughes had assisted Graham/Golden with his Golden Messenger business and served as his Federal Court lawyer during his 1990-1993 court action against Telstra. This was the same Dr. Hughes who, in 1994, was appointed by the TIO to assess the very technical issues at the heart of all four COT claims against Telstra, as an arbitrator.
When I asked Graham why he had concealed this conflict of interest from me before the arbitration and before commissioning me to write the COT story, he offered the document exhibit GS 565, file GS-CAV 459 to 489, as a compromise, contingent on my continuing with the project.
For the second time in just days, Graham confided in me his guilt for not disclosing the conflict of interest during the Senate's investigation into his Freedom of Information (FOI) matters, which resulted in a $3.6 million award. He felt culpable as the COT spokesperson for not doing more for the remaining sixteen COT Cases who faced similar FOI problems with Telstra during their separate legal battles. His commissioning me to expose this entire saga, I believe, was his way of atoning for his inaction as the COT spokesperson.
A story of despair and heartache.
It is crucial to examine this conflict-of-interest issue not only from Graham's perspective but also from the perspective of the other COT claimants. Dr. Hughes had previously served as Graham's legal advisor in both his business ventures and his Federal Court Telstra matters. If, as Graham alleges, Dr. Hughes knew about the concealment of important documents in the Graham/Golden litigation against Telstra in the Federal Court from 1990 to 1992, then Ann Garms, Maureen Gillan, and I, as the other three COT Cases, should have been informed. While Telstra and the Establishment's success in concealing documents during a Federal Court action is concerning, the apparent involvement of Dr. Hughes and/or members of his legal firm in this concealment casts a significant shadow over the COT Four arbitration just three years later. During that arbitration, Telstra concealed similar documents from all four COT Cases, with Dr. Hughes serving as the arbitrator.
Adding to the concern for the other two COT Cases and myself is that Dr. Hughes allowed Graham/Golden three or more additional years to access documents from Telstra, exceeding the time granted to us three COT claimants, despite this being contrary to official arbitration rules. The fact that Dr. Hughes granted me only one extra week to access my documents from Telstra underscores how this conflict of interest tainted the entire arbitration process.
Before endorsing Dr. Gordon Hughes as the independent arbitrator, AUSTEL (now AMA), the government communications regulator, had a duty of care to inform the COT Cases in writing that Dr. Hughes was not an experienced arbitrator and had not been graded by the Institute of Arbitrators Australia to handle arbitrations as complex as the COT Four processes. AUSTEL failed to do so. Was this fact ever communicated to us?
Furthermore, Dr. Hughes himself failed in his duty of care as a pending arbitrator to Ann Garms, Maureen Gillan, and me by not disclosing in writing, as required by the Victorian Arbitration Act, his conflict of interest with the fourth claimant, Graham/Golden. To further compound the COT Cases' future grievances, Graham Schorer, in his capacity as COT spokesperson, failed to disclose to us three other COT Cases (refer exhibit GS 565 file GS-CAV 459 to 489) that we should not send arbitration-related faxes to Dr. Hughes' Melbourne office after business hours, as they might not reach their intended destination.
A story of despair and heartache.
Front Page Part One File No/1 reveals that on 23 May 1994, the arbitrator's secretary informed Tony Watson of Telstra's arbitration defence unit that six of my claim documents had not reached the arbitrator's fax machine, yet my Telstra account was charged for those faxes. Why was this discrepancy never investigated? Neither the arbitrator's office nor the TIO's office allowed me to amend my claim so that the missing documents could be assessed as part of the arbitration process.
Furthermore, why did Dr. Hughes, the arbitrator in my case, fail to inform me, as he did Graham Schorer (refer to exhibit GS 565, file GS-CAV 459 to 489), that my 23 May 1994 faxed claim documents might be in his Sydney office? Was Dr. Hughes concerned that revealing this faxing issue within his offices would halt the arbitration process in my favor? Was he worried that admitting the possibility that my lost faxes ended up in one of his offices would disqualify him from remaining the arbitrator for the COT arbitrations?
If Graham, as the COT spokesperson, had disclosed this information to the COT Cases before we signed our arbitration agreement, we would have been within our rights to demand that Dr. Hughes implement an efficient faxing system for our arbitrations.
Additionally, we could have used the faxing problems between Dr. Hughes' Melbourne and Sydney offices to support any arbitration appeal within the period stipulated in our arbitration agreement.
It is crucial to connect these unaddressed lost arbitration faxes to both my case and that of Ann Garms (now deceased), as we both experienced the loss of numerous faxed arbitration-related documents.
Ann Garms, another COT Case member, spent over $600,000.00 on her unsuccessful arbitration appeal in the Supreme Court of Victoria against Dr. Hughes. Had she and her lawyers been aware of Dr. Hughes' admission to Graham Schorer before our four arbitrations began, she might have achieved a more favorable outcome.
Please visit our website for more stories of injustices experienced by other Australian citizens who simply seek the truth regarding their struggles against the bureaucratic failings of the Australian justice system.
A story of despair and heartache.
Continued from Homepage
Julian Assange provided a vital link for the COT cases, but we did not know this during our arbitrations.
A statutory declaration prepared by Graham Schorer (COT spokesperson) on 7 July 2011 was provided to the Victorian Attorney-General, Hon. Robert Clark. This statutory declaration discusses three young computer hackers who phoned Graham to warn him during the 1994 COT arbitrations. The hackers discovered that Telstra and others associated with our arbitrations acted unlawfully towards the COT group. Graham’s statutory declaration includes the following statements:
“After I signed the arbitration agreement on 21st April 1994 I received a phone call after business hours when I was working back late in the office. This call was to my unpublished direct number.
“The young man on the other end asked for me by name. When I had confirmed I was the named person, he stated that he and his two friends had gained internal access to Telstra’s records, internal emails, memos, faxes, etc. He stated that he did not like what they had uncovered. He suggested that I should talk to Frank Blount directly. He offered to give me his direct lines in the his Melbourne and Sydney offices …
“The caller tried to stress that it was Telstra’s conduct towards me and the other COT members that they were trying to bring to our attention.
“I queried whether he knew that Telstra had a Protective Services department, whose task was to maintain the security of the network. They laughed, and said that yes they did, as they were watching them (Telstra) looking for them (the hackers). …
“After this call, I spoke to Alan Smith about the matter. We agreed that while the offer was tempting we decided we should only obtain our arbitration documents through the designated process agreed to before we signed the agreement.” Hacking – Julian Assange File No/3
I want to highlight the possibility that the hackers could be Julian Assange, based on Graham Schorer's concerns about what they had uncovered, which they found troubling. It seems that the commercial issues, such as Telstra's actions against us, would not typically be the kind of public-interest matter that Julian Assange would reach out to Graham about unless they had discovered something significant related to our arbitrations.
I also documented my telephone conversations with Malcolm Fraser concerning my worry that someone within Telstra was scrutinising those calls, as I had reported to the AFP. This issue, along with my concerns about the hackers and Assange's aversion to war and the devastation caused by trading with the enemy—particularly when our government engaged in such actions after I warned them on September 18, 1997—was a major reason for my statements about my conversations with Mr. Fraser.
Therefore, I had a valid reason to include the China issues as part of my COT Telstra arbitration concerns.
Threats were made and carried out under the auspices of the Supreme Court of Victoria
“I gave you my word on Friday night that I would not go running off to the Federal Police etc, I shall honour this statement, and wait for your response to the following questions I ask of Telecom below.” (File 85 - AS-CAV Exhibit 48-A to 91)
When drafting this letter, my determination was unwavering; I had no intention of submitting any additional Freedom of Information (FOI) documents to the Australian Federal Police (AFP). This decision was significantly influenced by a recent, tense phone call, one of two I received from Paul Rumble, who was an arbitration liaison officer at Telstra. During this conversation, he issued a stern warning: should I fail to comply with the directions, I would jeopardise my access to crucial documents pertaining to the ongoing problems I was experiencing with my Ericsson AXE telephone service.
Seven official FOI requests made by me between December 1993 and the day the arbitrator handed down his formal report on 11 May 1995, concerning the Ericsson AXE installed equipment at the Portland and Cape Bridgewater exchanges that serviced my business, had not been provided by that date and have still not been provided in my two FOI requests registered in 2008 and again in 2011 with ACMA the respondants in my two the Government-Administrative Appeals Trubunal (AAT) hearings.
In unsettling terms, the documents tied to the Portland Ericsson AXE telephone exchange, along with numerous COT cases facing relentless problems with similar Telstra-installed Ericsson telephone exchange equipment, were brazenly compromised when the international giant Ericsson orchestrated a covert takeover of Australian government-endorsed arbitrations. With this treacherous sale, everything—every critical technical arbitration and mediation document from around sixteen COT processes—fell into the hands of Sweden's largest telecommunications behemoth. This foul deed was executed in broad daylight for an undisclosed sum, betraying the trust of countless citizens.
The Australian bureaucrats, puppeteers pulling the strings of our politicians, have repeatedly sacrificed their own citizens' interests, reminiscent of some of the darkest dealings during the Vietnam War. They have shamefully sold out the lives of law-abiding Australians, and to this day, not a single member of the government has the spine to admit the stark truth of this sinister betrayal
Corporate Corruption vs Immoral Corruption
In February 1996, while Hughes and Pinnock were weaving a complex web of deceit to mislead Lauria James about my claims and those of Garry Ellicott—a Senior Detective Sergeant in the Queensland Police and a former National Crime Authority officer—Telstra was carrying out a sinister plot. They tampered with evidence related to my claim after it left my premises, introducing a damaging substance to undermine an investigation into their own corrupt practices. This fraudulent act, now referred to as "Tampering with Evidence," was a calculated move by Telstra to deceive the arbitrator into believing that I had no ongoing telephone issues impacting my business.
The following four examples illustrate clear, factual, and well-documented cases of government-linked corruption or deception from the last 30 years—one from the United States, one from the United Kingdom, and one from Australia. Each case demonstrates how such misconduct has caused real harm and eroded public trust. All four examples can be easily found through Google search results, highlighting the importance of discussing corruption openly. I’ve presented them in a direct, sober tone that aligns with my research on absentjustice.com, focusing on the human cost involved.
One of the most devastating examples of government deception and unconscionable conduct in Australia’s recent history was exposed through the Royal Commission into the Robodebt Scheme, which delivered its findings in 2023. The Robodebt program, introduced in 2015, used an automated debt‑recovery system that unlawfully issued debt notices to hundreds of thousands of Australians — many of them vulnerable, unemployed, disabled, or already struggling to survive. The scheme reversed the burden of proof, forcing innocent people to prove they did not owe money, even when the government had no lawful basis for claiming the debts in the first place.
The Royal Commission found that senior public servants, departmental lawyers, and ministers were repeatedly warned that the scheme was illegal, inaccurate, and harmful, yet allowed it to continue for years. Internal documents revealed that officials ignored legal advice, concealed critical information, and misled oversight bodies. The consequences were catastrophic. People lost homes, lost savings, lost mental stability — and in several tragic cases, lost their lives after receiving aggressive, incorrect debt notices that pushed them into despair.
The Commission described the conduct behind Robodebt as “cruel,” “dishonest,” and “a shameful chapter in public administration.” It shattered public trust because it showed that a government could knowingly operate an unlawful system, target its own citizens, and then attempt to hide the truth until the evidence became impossible to suppress. For many Australians, Robodebt was not just a policy failure — it was a betrayal of the most basic expectation citizens have of their government: that it will act lawfully, ethically, and with a duty of care toward the people it serves.
What makes the scandal so disturbing is that public servants inside the British Post Office knew the Fujitsu Horizon computer software was responsible for the catastrophic accounting and billing errors. Yet they continued to blame innocent sub‑postmasters, many of whom were financially ruined, prosecuted, or imprisoned.
After almost two decades, the British public—and a growing number of British politicians—have insisted that the British Post Office scandal is a matter of profound public interest and must no longer be concealed by the government, the civil service, or the Establishment. For England’s sake, this injustice demands a complete and transparent investigation. Click here to watch the Australian Channel 7 trailer for Mr Bates vs the Post Office, which aired in February 2024, and captures the scale of this national betrayal.
This pattern is painfully familiar to those of us who lived through the Australian COT arbitrations. Dr Gordon Hughes, the arbitrator appointed to oversee our cases, refused to allow his own technical consultants the additional time they needed to diagnose the ongoing faults in Telstra’s Ericsson billing software. The parallels between the British Post Office scandal and the Australian Telstra scandal are unmistakable. In both cases, faulty technical equipment was at the heart of the problem, as demonstrated in this YouTube video: https://youtu.be/
A System Built on Silence
📠 The Vanishing Faxes: A Calculated Disruption
Exhibits 646 and 647 (see ) clearly show that, in writing, Telstra admitted 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.
This particular Telstra technician, who was then based in Portland, not only monitored my phone conversations but also took the alarming step of sharing my personal and business information with an individual named "Micky." He provided Micky with my phone and fax numbers, which I had used to contact my telephone and fax service provider (please refer to Exhibit 518, FOI folio document K03273 - ).
To this day, this technician has not been held accountable or asked to clarify who authorised him to disclose my sensitive information to "Micky." I am perplexed as to why Dr Gordon Hughes did not pursue any inquiries with Telstra regarding this local technician’s actions. Specifically, why was he permitted to reveal my private and business details without any apparent oversight or justification?
EXAMPLE 1
Fax Screening / Hacking Example Only
Interception of this 12 May 1995 letter by a secondary fax machine:
Whoever had access to Telstra’s network, and therefore the TIO’s office service lines, knew – during the designated appeal time of my arbitration – that my arbitration was conducted using a set of rules (arbitration agreement) that the arbitrator declared not credible. There are three fax identification lines across the top of the second page of this 12 May 1995 letter:
- The third line down from the top of the page (i.e. the bottom line) shows that the document was first faxed from the arbitrator’s office, on 12-5-95, at 2:41 pm to the Melbourne office of the TIO – 61 3 277 8797;
- The middle line indicates that it was faxed on the same day, one hour later, at 15:40, from the TIO’s fax number, followed by the words “TIO LTD”.
- The top line, however, begins with the words “Fax from” followed by the correct fax number for the TIO’s office (visible
Consider the order of the time stamps. The top line is the second sending of the document at 14:50, nine minutes after the fax from the arbitrator’s office; therefore, between the TIO’s office receiving the first fax, which was sent at 2.41 pm (14:41), and sending it on at 15:40, to his home, the fax was also re-sent at 14:50. In other words, the document sent nine minutes after the letter reached the TIO office was intercepted.
The fax imprint across the top of this letter is the same as the fax imprint described in the Scandrett & Associates report (see Open Letter File No/12
“We canvassed examples, which we are advised are a representative group, of this phenomena .
“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-A) is the same as the fax imprint described in the 7 January 1999 Scandrett & Associates report provided to Senator Ron Boswell (see Open Letter File No/12 and ), 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)
It is clear from exhibits 646 and 647 (see AS-CAV Exhibits 589 to 647) 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.
The evidence within the second section of the report → File No/13) indicates that one of my faxes sent to Federal Treasurer Peter Costello was similarly intercepted, i.e.,
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, continued throughout my arbitration, which began on 21 April 1994 and concluded on 11 May 1995. Exhibit 10-C File No/13 shows this fax hacking continued until at least 2 November 1998, more than three years after the conclusion of my arbitration.
On pages 12 and 13 of the transcripts from my second interview with the Australian Federal Police (AFP) on 26 September 1994, a troubling narrative unfolds under Australian Federal Police Investigation File No/1. The AFP expressed concern over a returned letter I sent to Telstra in 1992, which included a handwritten notation naming a bus company, O'Meria. This company was part of my tender to transport children and members of a social club to my holiday camp.
What’s even more alarming is the revelation that Telstra’s monitoring of my communications was far more extensive and insidious than I had imagined. The AFP highlighted that documents I accessed under the Freedom of Information (FOI) Act showed that the practice of collecting and disclosing parties' addresses and phone numbers had been ongoing since at least September 1992. This raises disturbing questions about the transparency and integrity of Telstra’s operations.
Even more treacherous, it became evident that this surveillance extended into 1998, a staggering six years later, with Telstra seemingly reporting my activities directly to Australia’s Treasurer, Peter Costello. This blatant intrusion into my personal and professional life speaks to a deep-seated corruption in which powerful entities manipulate information for dubious purposes while masquerading as public service. The sinister implications of this ongoing surveillance are troubling, leaving me to wonder how many others have fallen victim to such betrayal.
10. Telstra's CEO and Board have known about this scam since 1992. They have had the time and the opportunity to change the policy and reduce the cost of labour so that cable roll-out commitments could be met and Telstra would be in good shape for the imminent share issue. Instead, they have done nothing but deceive their Minister, their appointed auditors and the owners of their stockÐ the Australian taxpayers. The result of their refusal to address the TA issue is that high labour costs were maintained and Telstra failed to meet its cable roll-out commitment to Foxtel. This will cost Telstra directly at least $400 million in compensation to News Corp and/or Foxtel and further major losses will be incurred when Telstra's stock is issued at a significantly lower price than would have been the case if Telstra had acted responsibly.
11. Telstra not only failed to act responsibly, it failed in its duty of care to its shareholders. So the real losers are the taxpayers and to an extent, the thousands of employees who will be sacked when Telstra reaches its roll-out targetÐcable past 4 million households, or 2.5 million households if it is assumed that Telstra's CEO accepts directives from the Minister".
Open Letter File No/41/Part-One and File No/41 Part-Two)
The reason for presenting Example 1 at the beginning of this story is simple: it helps readers understand that there may be far more to my story than the Australian Government has ever been willing to admit. Acknowledging the truth of what happened to me would expose the uncomfortable fact that the government should have acted in March 1996, when the newly sworn‑in Minister for Communications in the John Howard Government, Senator Richard Alston, asked The Hon. David Hawker MP and me to prepare a detailed report on my claims surrounding the COT arbitrations. I prepared that report by hand and personally delivered it to Mr Hawker, who, in turn, hand‑delivered it to Senator Alston in June 1996. Yet nothing was done — not in 1996, and not at any point in the twenty years that followed. That failure to act speaks volumes about how deficient governments can be when they choose silence over accountability.
Please continue reading this unbelievable — but entirely true — story.
Jefferson’s words were not prophecy—they were a blueprint for vigilance. And yet, in the 21st century, we’ve watched as global corporations like Ericsson have infiltrated the very institutions meant to regulate them. Between 2000 and 2016, Ericsson orchestrated a systematic and calculated campaign of bribery and corruption, culminating in a $1.4 billion settlement with the U.S. Department of Justice.
The acquisition of Lane by Ericsson, along with the dealings surrounding the COT Cases, was nothing short of a calculated conspiracy against Australia’s democratic system of justice. This insidious operation has gone largely unacknowledged, revealing a disturbing truth.
The corruption exposed by absentjustice.com is not merely partisan; it reflects a deep-seated, systemic rot that permeates the USA and extends globally. Thomas Jefferson himself would have recognised this treachery. Mighty corporations, like Ericsson, have become predators, systematically devouring the world's integrity.
Ericsson’s ruthless infiltration of Australia's arbitration system is undeniable and raises alarming questions. Why has this company evaded accountability for its questionable actions during the Casualties of Telstra (COT for short) arbitrations? This situation is not just a political issue; it demands urgent action that cuts through the fog of party lines and unearths the treacherous conduct at play.
During my arbitration, Lane Telecommunications Pty Ltd was officially appointed as the technical consultant to the arbitrator. Lane had access to sensitive materials, including evidence implicating Ericsson-manufactured telephone exchange equipment—the very hardware that plagued my business and those of other COT claimants.
Yet, in a move that reeks of collusion, Ericsson callously and immorally acquired Lane for an undisclosed sum while confidentiality agreements still bound them. This acquisition occurred during the arbitration period, effectively transferring privileged evidence into the hands of the very company under scrutiny. While reading this section of my story, don't forget what you have already read in 2 Organised Crime and Corruption - Absent Justice
Hovering your cursor or mouse over the Cape Bridgewater Holiday Camp image below will lead you to a document dated March 1994, referenced as AUSTEL’s Adverse Findings. This document confirms that government public servants investigating my ongoing telephone issues supported my claims against Telstra, particularly between Points 2 and 212. It is evident that if the arbitrator had been presented with AUSTEL’s Adverse Findings, he would have awarded me a significantly higher amount for my financial losses than he ultimately did.
He may have spun a web of deception to Laurie James, President of the Institute of Arbitrators Australia, on 17 February 1996, regarding his collusion with David Read from Lane Telecommunications Pty Ltd. These technical consultants were supposedly brought in to assist DMR Group Canada in evaluating the faults within the AXE Portland telephone exchange—an exchange crucial to my business operations at Cape Bridgewater.
COT Case Strategy
Stop the COT Cases at all costs
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 case 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.
Also, in the above 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, 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 aspect of Telstra's intelligence networks in Australia is who within the Telstra Corporation has the necessary expertise, i.e., government clearance, to filter the raw information collected before it is impartially catalogued for future use? How much confidential information concerning the telephone conversations I had with the former Prime Minister of Australia in April 1993 and again in April 1994, regarding Telstra officials, holds my Red Communist China episode, which I discussed with Fraser?
More importantly, when Telstra was fully privatised in 2005, which organisation in Australia was given the charter to archive this sensitive material that Telstra had been collecting about its customers for decades?
PLEASE NOTE:
At the time of my altercation referred to in the above on 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 actually placed a wrestling hold, ‘Full Nelson’, on this man and walked him out of my office. All charges were dropped by the Magistrate's Court of Appeal when it became obvious that this story had two sides
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.
During my arbitration proceedings in 1994, I disclosed to Mr Joblin that Telstra had been monitoring my daily activities since 1992. Furthermore, I presented Freedom of Information (FOI) documents indicating that Telstra had redacted key portions of the recorded conversations regarding my case. This disclosure visibly troubled Mr Joblin, who realised he had been misled by Telstra's legal representatives, specifically those from Freehill Hollingdale & Page. I was able to provide compelling evidence that this law firm had supplied Mr Joblin with a misleading report concerning my telecommunications issues before our interview. Mr Joblin acknowledged that his findings would address these troubling concerns in light of this information. However, it is crucial to note that, despite the gravity of the situation, no adverse findings were made against either Telstra or Freehill Hollingdale & Page.
Mr Joblin insisted that he would note in his report to Freehill Hollingdale & Page the inappropriate nature of Telstra's treatment of me. He emphasised that their methods of assistance warranted careful review. Nevertheless, it is essential to highlight that no adverse findings were documented against Telstra or Freehill Hollingdale & Page.
A critical question remains: Did Maurice Wayne Condon intentionally remove or alter any references in Ian Joblin's initial assessment regarding my mental soundness?
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?
AUSTEL’s Adverse Findings, dated 4 March 1994, confirmed that my claims against Telstra were validated (see points 2 to 212 in that report). Unfortunately, I did not receive a copy of these findings until November 23, 2007, 12 years after the termination of my arbitration process. Moreover, the government officials had already validated my claims as early as March 4, 1994, six weeks before April 21, 1994, when I signed the arbitration agreement.
But despite that, I was still required to pay over $300,000 in arbitration fees to prove something the government had already established in my case, that Telstra was still not meeting their General Carriers licensing conditions in regard to my service lines at the time the arbitrator Dr Gordon Hughes stopulated in his award findings that Telstra had met those continues after July 1994 as point 2.23 (h) in his award states.
In straightforward terms, AUSTEL (now known as ACMA) failed in its legal obligations to me by not directing the arbitrator to modify his decision until Telstra could demonstrate compliance with its licensing conditions. The attached evidence, Chapter 4: The New Owners Tell Their Story, shows that Telstra was still not meeting those licensing conditions as recently as November 2006, nine years after the arbitrator prematurely issued his findings.
What is important to add here is that the Candadian Prinipal technical advisor, Paul Howell, in his 30 April 1995 formal report, advised Dr Gordon Hughes (the arbitrator) that:
“One issue in the Cape Bridgewater case remains open, and we shall attempt to resolve it in the next few weeks, namely Mr Smith’s complaints about billing problems.
“Otherwise, the Technician Report on Cape Bridgewater is complete.” ( Open Letter File No/47-A to 47-D)
and
“Continued reports of 008 faults up to the present. As the level of disruption to overall CBHC service is not clear, and fault causes have not been diagnosed, a reasonable expectation that these faults would remain ‘open’,” (Exhibit 45-c -File No/45-A)
As of 2026, Dr Hughes has not provided any explanations regarding why he and his technical consultants failed to diagnose the issue. Additionally, he has not addressed the issue of my two service lines being locked, which was causing my ongoing billing issues.
I believe you are taking the most appropriate course of action
I have never received a written response from BCI, but the Canadian government ministers’ office wrote back on 7 July 1995, noting:
"In view of the facts of this situation, as I understand them, I believe you are taking the most appropriate course of action in contacting BCI directly with respect to the alleged errors in their test report, should you feel that they could assist you in your case."
The Canadian Government's stance on the Bell Canada International Inc. (BCI) Cape Bridgewater telephone exchange report reveals a troubling scenario: in Australia, no entity—be it the government, legal professionals, or those who oversaw the arbitration process—made any effort to uncover the truth. A Canadian technical consultant was dispatched to Australia, ostensibly to address critical concerns; still, in reality, this was merely a façade to conceal the findings of the principal technical consultant, Lane Telecommunications Pty Ltd (Australia).
Lane was entrusted with the pivotal task of investigating severe deficiencies in the Ericsson telephone exchanges, which not only affected the COT cases but also underpinned telecommunications across much of Australia. In the middle of 1995, amid escalating tensions surrounding telecommunications quality, arbitration administrators appointed Lane under the directive of DMR Group Canada Inc. This group had been specifically chosen to scrutinise my allegations that Telstra had manipulated the Cape Bridgewater testing processes attributed to Bell Canada International.
Such manipulation severely compromised my ability to demonstrate that my telephone service remained subpar, even as Telstra continued to use the notoriously faulty AXE Ericsson telephone equipment. Lane’s investigation unfolded just before the Canadian team arrived, leading to an astounding turn of events when Ericsson later acquired Lane (purchasing it for an undisclosed sum) during the turbulent COT arbitration period.
Unbeknownst to the Canadian authorities at the time, they believed that if my claims against Bell Canada International were substantiated, it would not only reveal significant flaws within their system but also damage the reputations of other respected Canadian telecommunications companies known for their technological expertise.
As this situation unfolded, Canada’s integrity was about to undergo another major test—one that would connect my personal experience to their broader stance in a distant part of the world. DMR Group Canada Inc., which was meant to be monitoring Lane, did provide me with a signature on their combined findings regarding my DMR and Lane report from April 30, 1995, but this was not received until August 1997—eighteen months after my arbitration with Lane had concluded, and without having signed it off.
Corruption reigned as Lane was swiftly acquired by Ericsson during the COT Case arbitrations, even while it was investigating the flawed Ericsson telephone equipment. The Australian Government, complicit in this treachery, permitted the foreign giant to buy the very witness that should have exposed their wrongdoing. Lane, which had the potential to deliver damning evidence against the faulty Ericsson AXE testing procedures at Portland and Cape Bridgewater, instead made no findings regarding the ongoing telephone problems experienced with the Ericsson AXE equipment installed in the exchanges at Portland and Cape Bridgewater.
How could such blatant and unethical manipulation occur in a supposedly impartial system? Just weeks earlier, on March 9, 1995, Warwick Smith had provided written assurances that Lane would support only DMR Canada, noting that DMR was the principal investigator overseeing the situation. This was particularly concerning because, before Smith’s assurance, the COT cases had explicitly rejected Lane’s involvement due to their ties as former Telstra officials, raising significant questions about their objectivity.
However, what the Australian Government was unaware of was that Australia’s first appointed Telecommunications Industry Ombudsman (TIO), Warwick Smith—also the first appointed arbitration administrator—was, six months before the first four government‑endorsed arbitrations commenced (my arbitration being one of those four), secretly assisting the government‑owned Telstra Corporation to undermine those arbitrations. He did this by providing in‑house, Parliament House–confidential COT Cases information, which not only assisted Telstra in defeating the COT Cases but also helped Telstra conceal the true extent of the defectiveness of its Ericsson AXE telephone equipment.
• major international contracts could have been jeopardised• government infrastructure plans would have been called into question• Telstra’s credibility as a national carrier would have been damaged• Ericsson’s global reputation would have taken a direct hit
• other customers• regulators• international carriers• courts• procurement bodies
• global telecommunications competition• billion‑dollar equipment contracts• government credibility• international corporate reputations• and the integrity of Australia’s first industry‑wide arbitration process
TIO Evidence File No 3-A is an internal Telstra email (FOI folio A05993) dated 10 November 1993 from Chris Vonwiller to Telstra’s corporate secretary Jim Holmes, CEO Frank Blount, group general manager of commercial Ian Campbell and other important members of the then-government-owned corporation. The subject is Warwick Smith – COT cases, and it is marked as CONFIDENTIAL:
Exhibit TIO Evidence File No 3-A confirms that two weeks before the TIO was officially appointed as the administrator of the Fast Track Settlement Proposal (FTSP), which became the Fast-Track Arbitration Procedure (FTAP), he provided the soon-to-be defendants (Telstra) with privileged, government party room information about the COT cases. Thus, the TIO breached his duty of care to the COT claimants and compromised his future position as the official independent administrator of the process.
It is highly likely the advice the TIO gave to Telstra’s senior executive, in confidence (that Senator Ron Boswell’s National Party Room was not keen on holding a Senate enquiry), later prompted Telstra to have the FTSP non-legalistic commercial assessment process turned into Telstra’s preferred legalistic arbitration procedure, because they now had inside government privileged information: there was no longer a significant threat of a Senate enquiry.
To further give Telstra a winning edge in the COT Cases, Warwick Smith and the arbitrator, Dr Gordon Hughes, allowed Telstra to draft its own arbitration agreement rather than an independent agreement designed to give each side an equal chance of success.
In my case, even though Dr Hughes condemned the arbitration agreement he had just used in my 11 May 1995 arbitration—writing to Warwick Smith on 12 May 1995 to show him where the arbitration rules had disadvantaged me—he still covertly used that same agreement in my arbitration. I believe this is what concerned the Canadian Government, and why they attempted to assist me in this matter.
In assessing my case, Lane investigated and commented on only 23 of the more than 200 complaints I had submitted for arbitration. Though DMR Canada was obligated to visit my business and the two telephone exchanges with which I was connected, they failed to conduct the necessary tests on my three telephone lines or the Ericsson equipment at these exchanges, even though this equipment was under scrutiny, the critical reason the COT cases were being arbitrated.
• The Ericsson case highlights how corporate decisions—such as acquiring compliant consultancy firms—can be influenced by broader geopolitical and legal pressures.• It also underscores the risks of opaque alliances and the importance of transparency, especially when operating in conflict zones or under authoritarian regimes.
None of the COT Cases was granted leave to appeal their arbitration awards—even though it is now clear that the purchase of Lane by Ericsson must have been in motion months before the arbitrations concluded. It is crucial to highlight the bribery and corruption issues raised by the US Department of Justice against Ericsson of Sweden, as reported in the Australian media on 19 December 2019.
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/)
To this day, I have never received the critical reports on Ericsson’s exchange equipment—painstakingly compiled by my trusted technical consultant, George Close. These documents were the backbone of my case. Their disappearance is a blatant violation of the arbitration rules, which require all submitted materials to be returned to the claimant within six weeks of the arbitrator’s award.
• Ericsson paid $1.06 billion in penalties:• $520 million to the DOJ• $540 million to the U.S. Securities and Exchange Commission• In 2023, Ericsson paid an additional $206 million for breaching its deferred prosecution agreement by withholding misconduct details, including alleged dealings with ISIS in Iraq.
• In 1993, a Telstra briefcase left at Cape Bridgewater revealed internal knowledge of Ericsson faults dating back to 1988.• AUSTEL (now ACMA) condemned Telstra’s testing as grossly deficient in 1994, but these findings were withheld from claimants until years later.• Ericsson acquired Lane Telecommunications, the technical consultant to the arbitrator, during the arbitration—raising serious conflict of interest concerns.
• The arbitrator did not halt proceedings.• COT claimants were not allowed to amend their claims.• Telstra denied equipment faults under oath—reportedly over 30 times.
• Senator Richard Alston raised concerns in Parliament in 1994, citing the severity of Ericsson’s faults.• The Hon. David Hawker MP, Speaker of the House, supported efforts to resolve the issues in his Wannon electorate.• Internal Telstra emails and Senate Hansard entries reveal pressure to suppress COT claims and protect Telstra’s privatization interests.
• Why was Ericsson allowed to acquire Lane Telecommunications mid-arbitration?• Who in government knew about the equipment faults and failed to act?• Why were arbitration findings based on suppressed or falsified evidence?• What role did political deals play in shielding Ericsson and Telstra from accountability?
I had never spoken to Mr Howell before, but he stated that my arbitration was nothing but a criminal cover-up. He expressed concern about how the proceedings were conducted while serving as a technical adviser. His apology, along with his notes, was included in a statutory declaration submitted to The Hon. Michael Lee MP, the Minister for Communications. Unfortunately, I have not received a response from the Minister.
When I informed four different representatives from AUSTEL (now known as ACMA) about Mr Howell's alarm regarding the Bell Canada test calls used in my arbitration by Telstra and Dr Hughes, which they claimed demonstrated that my business was not experiencing additional telephone issues, all four representatives refused to get involved.
Had someone listened to Paul Howell, who was specifically brought in from Canada to investigate my claims that the Ericsson AXE telephone exchange serving my business was fundamentally flawed, the 13,590 test calls—if generated—would have proved just how unreliable the Ericsson equipment was. Unfortunately, no one took action to reopen the arbitration process for me.
During my arbitration, I discovered that the arbitration technical consultants Lane, appointed to assist Paul Howell, had conducted all the groundwork for my Ericsson claim documents. This included drafting the evaluation dated April 6, 1995, which served as the basis for the formal, final technical report used by Dr Hughes to determine my claim. Lane did not make any findings in the report provided to Paul Howell, who then explained that this was why he refused to sign his report dated April 30, 1995. Dr Hughes had ordered this report under the arbitration agreement, and I was required to respond to it, even though it had not been signed off as complete.
After my complaints were investigated by Laurie James, President of the Institute of Arbitrators Australia, Lane was subsequently acquired by Ericsson for an undisclosed amount. At that time, they were still evaluating several other Claims of Time (COT) cases against Ericsson. Additionally, Lane took with them all of my technical Ericsson data and personal diary logbooks, putting them in a similar situation to the other COT cases, despite the Confidentiality Agreement prohibiting such influence in our arbitrations. Ericsson already had a bad reputation, and the following link concerning alleged terrorist ties to Iraq and ISIS only compounded the issue
Two of the most disastrous deals ever struck by any Australian Coalition Government
The Deal
By 2026, it has become chillingly clear that the treacherous deals struck for 14 Australian small business owners in 2006 have cast a sinister shadow over the Coalition government that orchestrated these agreements, shamelessly manoeuvring to resolve their Telstra arbitration claims dating back to 1994. This disturbing pattern can be traced back to the mid-1960s, when the government made a morally reprehensible decision to supply communist China with Australian wheat. Alarmingly, much of this wheat was insidiously funnelled into North Vietnam, directly supporting the Viet Cong forces responsible for the deaths and injuries of countless brave Australian, New Zealand, and U.S. troops entangled in the brutal jungles of that war-torn country → Chapter 7- Vietnam-Viet-Cong-2. This reckless trade not only betrayed our soldiers but also dragged Australia into a dark moral abyss, leaving a stain of corruption and betrayal that we have yet to escape.
Deleted Without Being Read: The DCITA Cover-Up
From the beginning, the DCITA assessment was cloaked in secrecy. There was no transparency, no accountability. Then, in August 2006, the process was abruptly shut down—without explanation. Ronda Fienberg, my dedicated and loyal editor, received confirmation on 1st February 2008 that her 23 Apr 2006 email, sent that day, had been deleted without being opened. But what’s truly chilling is that two critical items which formed my 2006 submission to the government were never read. They were deleted on 1 February 2008, more than 18 months after they were sent.
Here’s the proof → that a part of my DCITA submission, this one dated 23 April 2006, was deleted on 1 Feb 2008 without being valued (assessed for its relevance) →
MESSAGES RECEIVED 1st February 2008, on behalf of Alan Smith:
Your message
To: Coonan, Helen (Senator) Cc:Lever, David; Smith, Alan Subject: ATTENTION MR JEREMY FIELDS, ASSISTANT ADVISOR Sent: Sun, 23 Apr 2006 17:31:41 +1100 was deleted without being read on Fri, 1 Feb 2008 16:56:36 +1100
ATTACHMENT:
Final-Recipient: RFC822; Senator.Coonan@aph.gov.au
Disposition: automatic-action/MDN-sent-automatically; deletedX-MSExch-Correlation-Key: sdD1TSUHx0CoTD0Qm4wBVw==
Here’s the proof that a part of my DCITA submission, this one dated 25 July 2006, was deleted on 1 Feb 2008 without being valued (assessed for its relevance) →
Original-Message-ID: 001601c6669f$95736a00$2ad0efdc@Office
Your message To: Coonan, Helen (Senator) Cc: Smith, Alan Subject: Alan Smith, unresolved Telstra matters Sent:Tue, 25 Jul 2006 00:00:42 +1100 was deleted without being read on Fri, 1 Feb 2008 16:56:23 +1100ATTACHMENT:Final-Recipient: RFC822; Senator.Coonan@aph.gov.au Disposition: automatic-action/MDN-sent-automatically; deleted X-MSExch-Correlation-Key: bNlMYfUKcUGqvIXiYQZULA==
Original-Message-ID: 003a01c6af21$2b7ece30$2ad0efdc@Office
It is abundantly clear that my 2006 DCITA assessment process for secretarial fees was a staggering $16,000, while my technical expenses to George Close ballooned to $8,000. To add to this, my two flights to the heart of political machinations at Parliament House in Canberra, one in March 2006 and the other in September 2006, racked up costs nearing $3,000, including accommodation. The insidious truth emerged: the government had no intention of valuing my claim meaningfully.
“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“
Therefore, I have relied on page 3 of the Herald Sun (22 December 2008), published under the blunt and telling headline “Bad Bureaucrats,” because it is short‑worded, direct, and impossible to misinterpret. It stands as further proof that Australia’s government public servants have, at times, behaved as a law unto themselves and must be held accountable for their misconduct. Were some of these "Bad Bueaucrats" chosen by the Liberal Coalition Government to assess the COT Cases 205/2006 DCITA claims?
"Beware The Pen Pusher Power - Bureaucrats need to take orders and not take charge”, which noted:“Now that the Prime Minister is considering a wider public service reshuffle in the wake of the foreign affairs department's head, Finances Adamson, becoming the next governor of South Australia, it's time to scrutinise the faceless bureaucrats who are often more powerful in practice than the elected politicians."
"Outside of the Canberra bubble, almost no one knows their names. But take it from me, these people matter."
"When ministers turn over with bewildering rapidity, or are not ‘take charge’ types, department secretaries, and the deputy secretaries below them, can easily become the de facto government of our country."
"Since the start of the 2013, across Labor and now Liberal governments, we’ve had five prime ministers, five treasurers, five attorneys-general, seven defence ministers, six education ministers, four health ministers and six trade Ministers.”
This article was quite alarming. It was disturbing because Peta Credlin, someone with deep knowledge of Parliament House in Canberra, has accurately addressed the issue at hand. I not only relate to the information she presents, but I can also connect it to the many bureaucrats and politicians I have encountered since exposing what I did about the China wheat deal back in 1967, and the corrupted arbitration processes of 1994 to 1998. These government stuff-ups and cover-ups have cost lives.
And what about the Liberal Coalition’s disastrous Robodebt saga, which cost them many votes in the 2023 election—suicides, the extortion of money from vulnerable Australians, refer to Royal Commission into the Robodebt Scheme, which was "scathing" of Campbell, finding she had intentionally misled cabinet about the scheme, and took steps to prevent the unlawfulness of Robodebt being uncovered. The same pattern of coercion we faced when we COT Cases were forced to pay for our 2026 DCITA assessment process, even as the Liberal Coalition government was destroying the evidence supporting our claims before it was ever assessed.
The information that was deleted without being opened exposed the following:
• Conflicts of interest at the highest levels• Public officials compromised by their proximity to Telstra• Decisions influenced improperly, and in some cases unlawfully• Threats and pressure used to force citizens into a defective arbitration process• Favouritism and insider advantage that shaped outcomes long before evidence was even heard
On March 3, 2006, Senator Barnaby Joyce penned a letter to Ann Garms, the spokesperson for my claim and Sandra Wolf’s claim, during the murky government assessment process. Initially, Senator Joyce had been given the dubious assurance that the assessment would be conducted independently and free from government manipulation. However, in a blatant display of allegiance, he agreed to cast his critical vote in the Senate in favour of the sale of Telstra.
“I met with Senator Coonan yesterday morning to discuss the matter of the agreed Independent Assessment of your claims. …
“From my understanding of the CoTs evidence, the Department and the Telecommunications Industry Ombudsman have not acted in the best interests of the CoTs. It could be said they have not investigated valid submissions concerning the misconduct of Telstra and the evidence the dispute resolution processes you have all been subjected to over the last decade were flawed. …
“At the meeting yesterday I argued your cases strongly and informed the Minister that justice delayed is justice denied.”
Despite assurances to Senator Joyce that the assessment process would remain independent of government influence, the government allowed Telstra to evaluate my claim instead of appointing an independent commercial assessor as originally promised. This decision is particularly troubling, given that my submissions, which remain relevant in 2026, clearly highlight Telstra’s concerning conduct. Multiple Senators, the Commonwealth Ombudsman, and the Australian Federal Police (AFP) have criticised Telstra, various government bureaucrats, and its regulatory bodies for significant misconduct during and for years after the COT arbitrations.
It is crucial to bring to light the disturbing truth behind the hundreds of thousands of documents that were deliberately withheld during the COT Cases arbitrations. These documents are entangled with the dark legacy of Senator Bob Collins, a notorious paedophile who brazenly abused children in his Parliament House Canberra office while he held the influential position of minister for communications—responsible for overseeing the investigation of the COT Cases claims. This sinister connection mirrors the recent, scandalous releases of files in the Jeffrey Epstein paedophile case, which were heavily redacted and, in many instances, rendered virtually unreadable. It’s a chilling reflection of the lengths to which those in power will go to conceal their heinous deeds.
Furthermore, it is essential to consider Wayne Goss's role, as referenced in Ann Garm's letter regarding the COT Cases. As a former Premier of Queensland, he undoubtedly possessed crucial insights into the insidious gaslighting techniques employed to sabotage our health and well-being. This manipulation serves not only to discredit our experiences but also to perpetuate a cycle of deceit and corruption that remains disturbingly prevalent. The labyrinth of power, secrecy, and exploitation runs deep, and it’s time to expose these corrupt practices for what they truly are.
Don't forget to hover your mouse over the following images as you scroll down the homepage.
23 June 2015: Had the arbitrator appointed to assess my arbitration claims correctly investigated all of my submitted evidence, it would have validated my claim as an ongoing problem, not a past problem, as his final award shows. It is clear from the following link—Unions raise doubts over Telstra's copper network; workers using ...—that when read in conjunction with Can We Fix The Can, released in March 1994, these copper‑wire network faults had existed for more than 24 years.9 November 2017: Sadly, many Australians in rural Australia can only access a second‑rate NBN. This didn’t have to be the case. Had the Australian government ensured that the arbitration process it endorsed to investigate the COT cases’ claims of ongoing telephone problems was conducted transparently, it could have used our evidence to begin fixing the problems we uncovered in 1993–94. This news article— https://theconversation.com/the-accc-investigation-into-the-nbn-will-be-useful-but-its-too-little-too-late-87095,—again shows that the COT Cases’ claims of an ailing copper‑wire network were more than valid.28 April 2018: This ABC news article regarding the NBN—NBN boss blames Government's reliance on copper for slow ...—needs to be read in conjunction with my own story from 1988 through to 2025, because had the arbitration lies told under oath by so many Telstra employees not occurred, the government would have been in a far better position to evaluate just how bad the copper‑wire Customer Access Network (CAN) was only seven years ago.
Point 115 –“Some problems with incorrectly coded data seem to have existed for a considerable period of time. In July 1993 Mr Smith reported a problem with payphones dropping out on answer to calls made utilising his 008 number. Telecom diagnosed the problem as being to “Due to incorrect data in AXE 1004, CC-1. Fault repaired by Ballarat OSC 8/7/93, The original deadline for the data to be changed was June 14th 1991. Mr Smith’s complaint led to the identification of a problem which had existed for two years.”
Point 130 – “On April 1993 Mr Smith wrote to AUSTEL and referred to the absent resolution of the Answer NO Voice problem on his service. Mr Smith maintained that it was only his constant complaints that had led Telecom to uncover this condition affecting his service, which he maintained he had been informed was caused by “increased customer traffic through the exchange.” On the evidence available to AUSTEL it appears that it was Mr Smith’s persistence which led to the uncovering and resolving of his problem – to the benefit of all subscribers in his area”.
Point 153 –“A feature of the RCM system is that when a system goes “down” the system is also capable of automatically returning back to service. As quoted above, normally when the system goes “down” an alarm would have been generated at the Portland exchange, alerting local staff to a problem in the network. This would not have occurred in the case of the Cape Bridgewater RCM however, as the alarms had not been programmed. It was some 18 months after the RCM was put into operation that the fact the alarms were not programmed was discovered. In normal circumstances the failure to program the alarms would have been deficient, but in the case of the ongoing complaints from Mr Smith and other subscribers in the area the failure to program these alarms or determine whether they were programmed is almost inconceivable.”Point 209 –"Cape Bridgewater Holiday Camp has a history of service difficulties dating back to 1988. Although most of the documentation dates from 1991 it is apparent that the camp has had ongoing service difficulties for the past six years which has impacted on its business operations causing losses and erosion of customer base.”
The Hidden Cost of Cape Bridgewater’s Failing Telephone Lines
No wonder I was financially broken by the end of 1988—barely a year after taking over the business in late 1987. The reality was brutal: Cape Bridgewater’s telecommunications setup was catastrophically inadequate.
In stark terms, if just four of the 144 residences were making or receiving calls, only four lines remained for the other 140 residents. That’s not just poor planning—it’s a systemic failure. My business was strangled by a network that couldn’t support even the most basic communication needs. Every missed call was a missed opportunity. Every dropped connection was another nail in the coffin of a venture I had poured everything into.
We stepped into this complex landscape of limited connectivity and coastal beauty with ambition and optimism. The Camp was more than a business—it was a dream made real. A serene retreat where the stress of city life could dissolve into the ocean mist. However, as we quickly learned, dreams require infrastructure to thrive.
Our phone lines became both our lifeline and our most significant obstacle. Booking inquiries, supply orders, emergency calls—even simple conversations with clients—all had to pass through those eight fragile channels. During peak times, the lines were constantly engaged. Guests complained they couldn’t reach us. Suppliers missed confirmations. Opportunities slipped through our fingers like sand.
The two Telstra FOI documents that were concealed from the arbitrator during my arbitration process clearly demonstrate that my claims are not merely a figment of my imagination. These documents contradict the statements of nine Telstra employees, who testified under oath to the arbitrator that my claims were frivolous when points 2 to 212 in AUSTEL’s Adverse Findings show otherwise.
The AFP believed Telstra was deleting evidence at my expense
During my first meetings with the AFP, I provided Superintendent Detective Sergeant Jeff Penrose with two Australian newspaper articles concerning two separate telephone conversations with The Hon. Malcolm Fraser, a former Prime Minister of Australia. Mr Fraser reported to the media only what he thought was necessary concerning our telephone conversation, as recorded below:
“FORMER prime minister Malcolm Fraser yesterday demanded Telecom explain why his name appears in a restricted internal memo.
“Mr Fraser’s request follows the release of a damning government report this week which criticised Telecom for recording conversations without customer permission.
“Mr Fraser said Mr Alan Smith, of the Cape Bridgewater Holiday Camp near Portland, phoned him early last year seeking advice on a long-running dispute with Telecom which Mr Fraser could not help.”
As I worked tirelessly on my arbitration claims, I also faced the arduous task of salvaging a struggling holiday camp. The situation was made even more daunting as I was receiving arbitration documents from Telstra in a slow, piecemeal fashion. The daily demands of managing the camp left me exhausted and overwhelmed, especially during the thirteen months I invested in preparing my claim.
The documents on the table blurred as my eyes filled with tears I had been holding back for years. I had fought so hard — harder than I ever thought I could — to keep my business alive, to keep my sanity intact, to keep believing that the system would eventually do the right thing.
But the system had no intention of doing the right thing, as these two Senate Hansard records show:
Senator Kim Carr criticised the handling of the COT arbitrations on 11 March 1999, as shown in the following Hansard link. Addressing the government’s lack of power, he said:
“What I do make a comment on is the question of civil liberties and the rights of citizens to approach this parliament and seek redress for their grievances when corporate power, particularly in a publicly owned corporation, has been abused. And there can be no question that that is what is at the heart of this issue.”
And when addressing Telstra’s conduct, he stated:
“But we also know, in the way in which telephone lines were tapped, in the way in which there have been various abuses of this parliament by Telstra—and misleading and deceptive conduct to this parliament itself, similar to the way they have treated citizens—that there has of course been quite a deliberate campaign within Telstra management to undermine attempts to resolve this question in a reasonable way. We have now seen $24 million of moneys being used to crush these people. It has gone on long enough, and simply we cannot allow it to continue. The attempt made last year, in terms of the annual report, when Telstra erroneously suggested that these matters—the CoT cases—had been settled demonstrates that this process of deceptive conduct has continued for far too long.” (See parlinfo.aph.gov.au/parlInfo/search/displaychamberhansards1999-03-11)
Senator Schacht was even more vocal:
“I rise to speak to this statement tabled today from the working party of the Senate Environment Communications, Information Technology and the Arts Legislation Committee—a committee I served on in the last parliament—that dealt with the bulk of this issue of the CoT cases. In my time in this parliament, I have never seen a more sorry episode involving a public instrumentality and the way it treated citizens in Australia. I agree with all the strong points made by my colleagues on both sides who have spoken before me on this debate. What was interesting about the Senate committee investigating this matter over the last couple of years was that it was absolutely tripartisan—whether you were Labor, Liberal or National Party, we all agreed that something was rotten inside Telstra in the way it handled the so-called CoT cases for so long.
The outcome here today is sad. There is no victory for citizens who have been harshly dealt with by Telstra.”
Telstra had every intention of burying the truth. I looked around the kitchen — the chipped tiles, the old catering equipment, the stack of unpaid bills — and felt the weight of everything I had lost. The Cape Bridgewater Holiday Camp had been my dream. A place where children could run free, where families could reconnect, where the world felt safe. But the phone faults had strangled it slowly, like a vine tightening around a tree. Bookings that never came through. Calls that never connected. Faxes that vanished into the ether.
And every time I reported the faults, Telstra told me the same thing:
No fault found.
🧾 The Witness Statement That Shouldn’t Exist
The original witness statement bore only the signature of Telstra’s lawyer, Maurice Wayne Condon, from Freehill Hollingdale & Page, now trading as Herbert Smith Freehills Melbourne. It was submitted without the psychologist Ian Joblin’s signature—a glaring omission that should have halted its acceptance. Yet, just eight days later, a second version emerged, now featuring Joblin’s signature, retroactively dated to match Condon’s original signing date.
This raises a disturbing question: if Ian Joblin did not sign the document on that day, how did his signature appear on a version processed through arbitration channels as if he had?
Three words that destroyed my business. Three words that nearly destroyed me. I reached for another document — an FOI release that no longer matched the version I had received years earlier. Whole paragraphs were missing. Notes erased. Evidence altered. The truth rewritten by the very people who were supposed to protect it. My hands shook as I turned the pages. And worst of all, no FOI schedules detailing whether they were the documents I had requested.
Not from anger. Not from fear. But from exhaustion — the kind of exhaustion that seeps into the bones and whispers that maybe, just maybe, it would be easier to stop fighting.
The Weight of Treachery
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.
Leading up to the signing of the COT Cases arbitration, on 21 April 1994, AUSTEL wrote to Telstra 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)
An internal government memo, dated 25 February 1994, confirms that the minister advised me that the Australian Federal Police (AFP) would investigate my allegations of illegal phone/fax interception. (See Hacking-Julian Assange File No/28)
This internal, dated 25 February 1994, is a Government Memo confirming that the then-Minister for Communications and the Arts had written to advise that the Australian Federal Police (AFP) would investigate my allegations of illegal phone/fax interception. (AFP Evidence File No 4)
The fax imprint across the top of this letter, dated 12 May 1995 (Open Letter File No 55-A), is the same as the fax imprint described in the January 1999 Scandrett & Associates report provided to Senator Ron Boswell (see 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)
It is clear from exhibits 646 and 647 (see AS-CAV Exhibits 589 to 647) 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 to broadcast my telephone conversations throughout the exchange was turned off? 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 2026.
On my second attempt to obtain detailed data from Bell Canada International Inc (BCI), specifically testing data, Paul Rumble, Telstra's arbitration officer, issued yet another threat. He made it crystal clear: if I continued to share this information with the Australian Federal Police (AFP), Telstra would cut off all assistance to me. It was an ultimatum—stop supplying the AFP with Freedom of Information (FOI) documents, and Telstra would play ball, providing the arbitrator with whatever evidence I needed.
That’s when it dawned on me: the arbitrator, Dr Gordon Hughes (now a recipient of the Order of Australia), was intricately involved in this web of deceit meant to shield Telstra's failing copper-wire rural telecommunications infrastructure. Rather than standing for integrity, Dr Hughes not only dismissed Rumble’s threats but also refused my request for access to the Cape Bridgewater BCI telephone exchange testing data—a crucial piece of evidence that Telstra was shamelessly using in its defence during the arbitration.
How could an arbitrator blatantly refuse a written request for information that Telstra was prepared to withhold, all because I was assisting the AFP in their investigation into Telstra’s unlawful interception of my telephone conversations and faxes? The whole situation reeked of corruption, betrayal, and a sinister conspiracy lurking beneath the surface. What was truly going on in those shadowy circles?
until after Telstra had submitted its defence, which also hit me?
D Hughes was involved with Telstra in concealing how bad the Telstra rural
I refused to be threatened in this manner.
Exhibit AS 492-A file AS-CAV 488-A to 494-E is a letter dated 26 August 1998 from George Close to the new Telecommunications Industry Ombudsman. The fax header records: Fax from: — 61 74 453198 — 17:54, which was Mr Close's residential fax number. Our Main Evidence File (see Open Letter File No/12, and File No/13) is the technical findings of both Scandrett & Associates and Peter Hancock, showing that they both agree that if the wording Fax from: followed by the numbers of the various COT faxes does not also include the correct business identification of the respective COT business then that indicates that those faxes were intercepted by a secondary fax machine and then redirected on to the intended destination.
This intercepted letter from Mr Close was copied to the offices of twelve different Government Ministers in Parliament House, Canberra, raising several important questions. Since we constantly hear politicians questioning how information has been leaked from the party room, could this be because even Government offices in Parliament House are also routed through Telstra's Fax Streaming centre? Even if those Government offices have officially organised the Fax Streaming arrangement, what could be happening to the documents that go through that system without the Government's knowledge? Could it be that privileged, in-confidence material 'leaks' out of Parliament House through Telstra similarly? Is it that Telstra's Fax Streaming process means privacy isn't so private nationwide?
Just to let you know, although the George Close exhibits are of poor quality (having been copied several times), the poor quality does not take away the truth that these exhibits, when viewed together, still prove our claims.
Exhibit AS 492-B file AS-CAV 488-A to 494-E, which is a report faxed by Mr Close on 16 April 1998, has the correct identification across the top of the page see 61-74-453198 — GEORGE CLOSE & ASSOC — 17:34. In simple terms, those with access to Telstra's network were able to use 'keywords' so only specific faxes leaving Mr Close's residence were intercepted. I have used these two examples because they were sent at approximately the same time in the afternoon, although months apart.
How many other arbitration and legal processes is this interception of the legal documentation being hacked by the opposing side, screened, and copied before sending it to its intended destination? The advantage of knowing the other side's weaknesses and strengths is endless. And this all happened in Australia. I firmly believe up to the day George Close passed away, he never got over the fact that Telstra had used his residence and office to the detriment of his clients.
The never-ending saga, who was to blame?
At first, I blamed the weather. The wind. The salt air. The old lines. Anything but the possibility that the system itself was failing me. I was a reasonable man. I believed in giving people the benefit of the doubt. I believed that if you reported a problem, someone would fix it.
But the problems didn’t get fixed. They multiplied. Calls dropped mid‑conversation. Faxes vanished. Lines went dead for hours, sometimes days. People trying to book simply gave up.
I kept a logbook — a habit from my seafaring days — and soon it was filled with dates, times, fault numbers, technician names, and the same three words written over and over again:
No fault found.
Those three words became the slow poison that seeped into every corner of my life. I would stand in the empty dining hall, listening to the silence where children’s voices should have been, and feel a knot tighten in my stomach. I checked the mailbox and found no bookings. I would watch the bank balance shrink and wonder how long I could keep pretending everything was fine. But I didn’t give up.
I couldn’t. The camp wasn’t just a business — it was my home, my livelihood, my future. So I did what any reasonable person would do: I kept reporting the faults.
I called Telstra so often I knew the technicians by name. Some were good men — honest, frustrated, caught in a system that didn’t allow them to tell the truth. They would arrive, shake their heads, mutter that the lines were “a mess,” and then quietly warn me that the problem was bigger than anyone wanted to admit.
But their reports never matched what I saw. Their findings never made it into the official record. And the official record always said the same thing:
No fault found.
I began to feel like I was losing my grip on reality. How could a phone ring for a caller but not ring in my house? How could a fax be sent but never arrive?
How could a business be strangled by a problem that officially didn’t exist? I tried everything. New phones. New wiring. New fax machines. Nothing changed.
The worst part wasn’t the technical failure.
It was the isolation. Running a business in a remote coastal town is hard enough. Running one without a working phone line is impossible. I would watch cars drive past the entrance, knowing that behind the wheel were families who had tried to call, failed to get through, and assumed the camp was closed. I felt helpless. I felt invisible. I felt like I was shouting into a void.
But the real breaking point came when I realised it wasn’t just incompetence.
It wasn’t just bad luck. It wasn’t just a faulty line. It was a system — a system that refused to admit the truth because the truth would cost money, reputation, and political convenience.
I didn’t know it then, but the battle lines had already been drawn. I was no longer a customer. I was a problem. A liability.
A man who had seen too much and asked too many questions.
And Telstra — backed by the government, protected by lawyers, shielded by bureaucracy — had already decided how they would deal with men like me.
They would deny. They would delay. They would destroy. But I didn’t know that yet. All I knew was that my dream was slipping through my fingers, and no matter how loudly I shouted, no one in power was listening.
Not yet.
In 1997, during the government-endorsed mediation process, Sandra Wolfe, a third COT case, encountered significant injustices and documentation issues. Notably, a warrant was executed against her under the Queensland Mental Health Act (see pages 82 to 88, Introduction File No/9), with the potential consequence of her institutionalisation. It is evident that Telstra and its legal representatives sought to exploit the Queensland Mental Health Act as a recourse against the COT Cases in the event they were unable to prevail through conventional means. Senator Chris Schacht diligently addressed this matter in the Senate, seeking clarification from Telstra by stating:
“No, when the warrant was issued and the names of these employees were on it, you are telling us that it was coincidental that they were Telstra employees.” (page - 87)
Why has this Queensland Mental Health warrant matter never been transparently investigated and a finding made by the government communications regulator?:
Sandra Wolfe, an 84-year-old cancer patient, is enduring severe challenges while striving to seek a resolution for her ongoing concerns. Upon reviewing her recent correspondence, it becomes evident that a notable lack of transparency has marked her experience with the Telstra FOI/Mental Health Act issue. The actions of Telstra and its arbitration and mediation legal representatives towards the COT Cases portray a concerning pattern. This is exemplified by the unfortunate outcomes experienced by many COT Cases, including fatalities and ongoing distress. My health struggles, including a second heart attack in 2018, necessitated an extended hospitalisation, underscoring the urgency with which these matters must be addressed.
It is imperative to uncover the disturbing details in the AFP transcripts from 10 February 1994, where the treacherous machinations of individuals such as Superintendent Jeffrey Penrose, Detective Sergeant Cochrane, Graham Schorer—who masquerades as a spokesperson for the COT Cases—and Amanda Davis, a former government official, came to light. In a chilling display of negligence, they discussed a briefcase that Telstra had carelessly abandoned at my business, containing the names of numerous individuals. Like Mr Schorer and me, we were all victims of a grotesque invasion of privacy, subjected to the ruthless interception and monitoring of our telephone conversations without so much as a whisper of consent.
The transcripts, specifically on pages 37, 38, and 39 AFP evidence file GS 18, starkly reveal that Mr Schorer laid bare the sinister truth to the AFP: former Telstra employee Mr Marr had supplied damning evidence of this telephone interception to Senator Bob Collins. This dark revelation hints at a vast, oppressive network of surveillance that preyed on innocent lives, all without remorse or accountability.
During the critical period when Ann Garms penned these four letters, I also reached out to The Hon. Malcolm Turnbull, who not only served as Prime Minister but previously held the role of Minister for Communications, engaging with important matters concerning the Australian public. I shared a detailed timeline of events with The Hon. Mathias Cormann, then the Minister for Finance, and with a lawyer practising in Hamilton, Victoria. This timeline was beautifully formalised into a statutory declaration, meticulously prepared by Hamilton lawyer Gerard O'Keeffe, which was dated July 26, 2019.
I am not drawing attention to the alleged sexual assault of children by Senator Bob Collins merely as a critique of the political powers at work in Parliament House, Canberra. These abhorrent and despicable crimes have been extensively documented over the years, revealing a darkness that is as repugnant as any offence against a child.
It is my sincere hope that my forthcoming publication will expose Telstra's egregious conduct, a corporation that warrants closer scrutiny. It is June 2025, and after several emails sent by me to Sandra's email address since the beginning of February 2025, the last email I received told me that Sandra's cancer treatment was becoming intolerable. With Sandra living in faraway Queensland, too far for me to travel, I can only assume the worst, or perhaps for the better, with Sandra now at peace.






































