Corruption in government and misleading and deceptive conduct plagued the COT with the government's sanctions, which endorsed the arbitrations. Learn the names of those who participated in these horrendous crimes that equally corrupted arbitrators who ignored this conduct. The entire board of Telstra was implicated in corporate fraud during the Casualties of Telstra arbitrations. Chapter, Absent, Justice, Defective, Devoured, Deception, hoodwink, mislead, hoax, delude, betray, cheat, cunning, deceit, fraud, guile, hypocrisy, treachery, trickery, dishonesty, and fake.

An Injustice to the remaining 16 Australian citizens: www.absentjustice.com/australian-federal-police-investigations-1/government-communications-regulator-austelacma Engage in a detailed examination of the critical role played by the Government Communications Regulator (AUSTEL/ACMA) in the context of Australian Federal Police investigations. This analysis highlights significant insights and regulatory challenges, contributing to the broader discussion surrounding justice and accountability in telecommunications.

Introduction to Absent Justice Part 1, 2 and 3: www.absentjustice.com/australian-federal-police-investigations-1/absent-justice-part-1-part-2-and-part-3/introduction-to-absent-justice-part-1-2-and-3 Participate in a thorough exploration of the multifaceted narrative presented in Absent Justice, particularly in Parts 1, 2, and 3. These segments offer an in-depth overview of the complexities, procedural intricacies, and systemic issues that characterize Australian Federal Police investigations, thereby fostering a greater understanding of the pursuit of truth and justice.

Chapter 2 Corruption in the making: www.absentjustice.com/australian-federal-police-investigations-1/telecommunications-industry-ombudsman/chapter-2 Investigate Chapter 2 of the Telecommunications Industry Ombudsman’s investigation, where Absent Justice meticulously uncovers layers of corruption that have persisted within the telecommunications sector. This chapter delves into specific cases, illustrating the ramifications on stakeholders and the public while providing critical insights into the mechanisms that enabled such corruption to flourish.

Discrimination: www.absentjustice.com/tampering-with-evidence/-discrimination Conduct a comprehensive analysis of the significant issue of discrimination related to Julian Assange and the broader themes presented in Absent Justice. This examination explores the profound social, legal, and political impacts of discrimination, revealing how these dynamics influence public perception and the administration of justice within the Australian context.

Blowing The Whistle: www. absentjustice.com/australian-federal-police-investigations-1/blowing-the-whistle Blowing the Whistle was established on absentjustice.com to offer a transparent account of the COT Cases arbitrations. This initiative characterizes these proceedings as a carefully orchestrated façade designed to mislead stakeholders and the public. The site is a crucial resource for understanding these arbitrations' procedural flaws and ethical breaches. Chapter 6 - Clandestine meeting: www absentjustice.com/australian-federal-police-investigations-1/absent-justice-part-1-part-2-and-part-3/absent-justice-part-1-chapter-6-clandestine-meeting Unravel the complex details surrounding a clandestine meeting presented in Chapter 6 of Absent Justice: Part 1. This chapter emphasizes the key developments and strategic decisions that shaped the actions of the Australian Federal Police during their investigations, offering insight into the intricacies of decision-making within high-pressure environments and the implications for justice in Australia.

 

Faults in their network

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

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

“Senator Jenkins said the man claimed:

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

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

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

The pressure on all four COT cases was immense, with TV and newspaper interviews and our continuing canvassing of the Senate. The stress was telling by now, but I continued to hammer for a change in rural telephone services. The other three COT Cases businesses were in central Brisbane and Melbourne. The Hon. David Hawker MP, my local Federal member of parliament, had been corresponding with me for some time, concerned that people in his electorate were being treated as second-class citizens. On 26 July 1993, Mr Hawker wrote:

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

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

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

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

“I wrote to him outlining the problems of a number of Telecom customers in the Western Districts, including the extensive problems you have been experiencing.” (See Arbitrator File No/77 and Arbitrator File No/82)

An internal hand-written Telstra memo (see AFP Evidence File No 8) discusses two singles club clients of mine (I have redacted the names of these clients for security reasons), describes the constantly engaged signal she experienced when trying to book a weekend during April and May 1993. AFP Evidence File No 8), dated 17 June 1993, records the personal phone numbers of these two ladies. Still, it also confirms Telstra was fully aware of when my office assistant left the business while I was away. 

My AFP interview transcript on 26 September 1994 describes the Telstra recording of who I phoned or faxed and when. The AFP believed Telstra monitored my calls because the people they recorded were associated with the COT issues. Pages 3-5 of the AFP transcript and other documents I provided to the AFP between February and November 1994 prove that Telstra had listened in on private conversations.

In early 1993, my telephone faults were so chronic and severe that Telstra threatened (the first of two series of threats) that I had to register my ongoing telephone/faxing problems with their outside lawyers, or they would refuse to regard my complaints as genuine.

By July/August 1993, the communications regulator was becoming concerned about Telstra’s approach to our complaints, particularly their continual use of outside solicitors. In October 1993, while the regulator was negotiating with Telstra for a commercial settlement proposal to be put in place for the COT members, the regulator’s chairman made it clear to Telstra’s commercial division that the regulator would not be happy if Telstra’s solicitors were used in future COT matters. This request was ignored, however, and Telstra continued to insist that I register my complaints through their solicitors, even though by then, I was in litigation with Telstra.

The fight was dirty and controlled. 

Corruption, misleading and deceptive conduct plagued the COT with the government's sanctions, which endorsed the arbitrations. Learn the names of those who participated in these horrendous crimes that equally corrupted arbitrators who ignored this conduct.

Later, when Telstra submitted its defence of my arbitration, I learned that Telstra’s solicitors also acted as its defence counsel. By this time, I had provided the arbitrator with clear proof that Telstra had provided incorrect written statements to the regulator and me regarding incidents that occurred between January and August 1993. The arbitrator would not investigate this information.

One document I provided to the AFP in 1994 does not state Adelaide or a specific location elsewhere other than when I visited Melbourne. I visited Melbourne and South Australia regularly from 1991 to 1993. Did Telstra even know where I stayed and who with whom? Let us not forget that I was not under suspicion of committing any crime, let alone a serious one, nor was I suspected of being a terrorist. So why were the communications carrier and/or their government minders interested in my contacts and movements? When I showed see AFP Evidence File No 8 to Margaret (my office assistant), she advised me that she had not spoken to anyone about leaving the holiday camp (which was at 5.30 pm, just as described in this Telstra memo). This part of our Hacking-Julian Assange page more than suggests that my daily moments were monitored by someone and/or some organisation who had ready access to Telstra’s network.

After the AFP had discussed that Telstra file note with me, it became clear that Telstra knew that I was getting regular phone calls from someone in Adelaide who usually rang from his Pizza Restaurant; however, they noted that he had phoned me from a different number. AFP transcripts indicate their concern that to have gained this knowledge, Telstra must have been listening to ALL my telephone conversations, both regularly and for some considerable time. I alerted AUSTEL to this situation because some documents I have retained record eighty or more calls that should have connected to my business but didn’t because they were illegally diverted to another number. At that time, this is precisely what was happening to other similar companies around Australia, and AUSTEL and the AFP could see that all those calls were being diverted to the same industry.

On 29 October 1993, two weeks before Casualties of Telstra (COT spokesperson), Graham Schorer and I signed our two Fast Track Settlement Proposals (FTSP), which Telstra (the defendants), the then assessor and administrator to the (FTSP) forced the four claimants including me to abandon and sign Telstra's highly legalistic arbitration agreements on 21 April 1994, we asked all parties if we could have our fax lines checked for security purposes. All parties agreed. Two weeks before all parties agreed to this fax testing process, Graham Schorer, at his Melbourne Golden Messenger Courier Service and me at my business, Cape Bridgewater holiday camp, had had problems sending faxes between our respective offices. This Telstra internal FOI document, K01489, confirms that while Telstra was testing my Mitsubishi fax machine (using the COT spokesperson's office as the testing base), the noted:

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

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

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

By February 1994, I was also assisting the Australian Federal Police (AFP) with their investigations into my claims of fax interceptions. Hacking-Julian Assanage File No 52 contains a letter from Telstra’s internal corporate solicitor to an AFP detective superintendent, misinforming the AFP concerning the transmission fax testing process. The rest of the file shows that Telstra experienced significant problems when testing my facsimile machine in conjunction with one installed at Graham’s office.

It is essential to highlight how skilfully Mr Row did not disclose to the AFP the problems Telstra had experienced when sending and receiving faxes between my machine and Graham’s fax machine.

At this time, Telstra's internal FOI document K01489 confirms that while Telstra was testing my Mitsubishi fax machine (using the office of Golden Messenger as the testing base)-

“some alarming patterns of behaviour were noted”

and,

“Even on calls that were not tampered with the fax machine displayed signs of locking up and behaving in a manner not in accordance with the relevant CCITT Group 3 fax rules. … Even if the page was sent upside down the time and date and company name should have still appeared on the top of the page, it wasn’t .” (AS 44)

Telstra FOI documents K03750, K03751 and K03752, attached as (AS 44), confirm this testing was generated from a Xerox telecopier installed in COT spokesperson Graham Schorer's office.  These three documents include technical information showing the interoffice lock-up problem between our two offices.

The 1992 to 1995 fax interception issues are concerning as, on 31^st July 2001, I received several startling FOI documents from ACMA.  One of these eight-page documents was originally faxed to the arbitrator’s office fax line 03 6148730 at 05:56 on 15 February 1995.  The information contained in this combined document shows that during the period in which Telstra and AUSTEL investigated the briefcase saga, Telstra’s local Portland technician, Gordon Stokes, monitored my phone and fax line to see who I was talking to as well as faxing information to after the briefcase was inadvertently left at my premises on 3 June 1993.  FOI document K03273 says:-

“Micky, This is a note from Gordon Stokes, if you want me to type up some info please advise ASAP. The information regarding the telephone numbers called by this customer following this incident are available from Network Investigation and my information was verbal from Gordon Stokes.”

When collated with Mr Stokes’ other diary notes in the briefcase and the information the Australian Federal Police provided, this leaves very little doubt: the faxing side of my business was not private.

Faxed COT arbitration-related documents screened and intercepted 

Fighting on two fronts 

Many of those within the Establishment said that it was unconstitutional to force the COT cases into an arbitration process with Telstra while the Australian Federal Police (AFP) were still investigating Telstra for alleged phone and fax hacking of the COT cases’ businesses, and it was acknowledged that it was an unworkable process.  This didn’t stop the arbitrations, however, but it does raise several important questions:

1. How could two separate investigations into Telstra for allegedly unlawful conduct be undertaken by two organisations simultaneously, i.e., an arbitrator and the AFP? As far as we can find, this situation is unheard of in any other Western democracy.
2. While all the COT cases attempted to keep their small businesses going while their arbitrations continued, how could they be expected to submit a complex submission to an arbitrator while assisting the AFP with their investigations?
3. Who decided that this situation would be allowed to continue?

Not only was it grossly undemocratic for these small-business people to be put into such a situation, but these two investigations (the one run by the AFP and the arbitrations themselves) were being run concurrently. While these two investigations were being run concurrently, the Commonwealth Ombudsman was also investigating Telstra for acting unlawfully and outside of the Freedom of Information Act (FOI Act, 1984), for NOT supplying the COT cases with our promised FOI documents we needed to support our claims. That investigation started before the COTs signed their arbitrations and continued for five years.

How have many other Australian arbitration processes been subjected to this type of hacking? Is electronic eavesdropping and hacking into in-confidence documentation still happening today during legitimate Australian arbitration?

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

1. Could you guarantee that no Parliamentarians who have had dealings with ‘COT’ members have had their phone conversations bugged or taped by Telstra?
2. Who authorised this taping of ‘COT’ members’ phone conversations and how many and which Telstra employees were involved in either making the voice recordings, transcribing the recordings or analysing the tapes?
3. On what basis is Telstra denying copies of tapes to those customers which it has admitted to taping?
4. (A) How many customers has Telstra recorded as having had their phone conversations taped without knowledge or consent since 1990? (B) Of these, how many were customers who had compensation claims, including ex Telecom employees, against Telecom?
5. Why did Telecom breach its own privacy guide-lines and how will it ensure that the revised guidelines will not be open to similar breaches or abuses?
6. Could you explain why a large amount of documents accessed by customers under FOI have a large amount of information deleted, including the names of Telecom employees who wrote and received memos and documents?
7. How many customers who have alleged that Telecom has tapped or bugged their phones without their consent or knowledge are the Australian Federal Police currently investigating?

The response to Question 5 (see Main Evidence File No/29) notes, “…These matters are currently being investigated by the AFP and AUSTEL, and by Telecom;"

It would be inappropriate for Telecom to make any further comments at this stage about possible breaches of the Telecommunications (Interception) Act while the matter is before the Federal Police. However, the Minister will be making a full statement in the near future on action taken to date to remedy apparent procedural problems within Telecom”.

Telstra’s claim (when referring to Question 5 On Notice) that it would be inappropriate for them to comment on these phone interception issues whilst the AFP was still investigating these matters is, in itself, the typical and expected comment that Telstra lawyers would have ensured that Telstra would make, under those circumstances.  No other form of interception investigation by any other authority should have taken place whilst the AFP was still investigating these breaches of privacy issues because that might well have undermined the AFP process.

 

The Scandrett & Associates Pty Ltd report 

January 1994: A Telstra arbitration liaison officer faxed this document to the TIO about the appointment of an assessor for the Fast Track Settlement Proposal. The words across the top of this document, in the space that should record the sender’s business identification, are absent, and it records only the wording “Fax from” followed by the fax number. The Scandrett & Associates Pty Ltd report discusses this “Fax from” issue (see Open Letter File No/12 and File No/13). The fact that a secondary fax machine installed in Telstra’s network during the arbitration process intercepted this document (see Hacking-Julian Assange File No 26) is another reason why this illegal interception of legal in-confidence documents should have been investigated during our arbitrations when these illegal acts were first discovered. Who were the faceless people soon termed the “forces at work”?

My Fast Track Settlement Proposal (FTSP) Accountant Selwyn Cohen sent me a fax on 21 January 1994 stating:

“I refer to your facsimile of 10.42am on 17th January 1994. The fax cover sheet refers to 7 pages being sent. Unfortunately, I only received 2 pages. Please forward the remaining 5 pages to enable me to begin the required work.” (See AFP Evidence File No 2-A to 2-C)

This was the fourth time between Christmas 1993 and the present that Mr Cohen had problems sending or receiving documents from me.

31 January 1994: A copy of my phone/fax account 055 267230, when compared with these two Telstra CCAS documents FOI numbers K01410 and K01411, confirms that someone within Telstra has handwritten the names of the people I had spoken to and/or faxed. 

Transcripts from my interview with the AFP on 26th September 1994 (see Australian Federal Police Investigation File No/1) confirm that the AFP were alarmed that Telstra had gathered private information about me, including documenting on this CCAS data the names of the people I had telephoned daily. This CCAS data was supplied to Warwick Smith and the Commonwealth Ombudsman’s office.

Stedman Cameron, Lawyers & Solicitors wrote to me on 2 February 1994, stating:

“We note that you did not receive two pages at all and only the number 2 from the third page and the signature from the last page of the facsimile sent to you at approximately 2.23pm on the 1st February, 1994. It was successfully sent approximately two hours later.” (AFP Evidence File No 2-A to 2-C) 

My letter of 3 February 1994 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.

Telstra’s FOI document (M34363) dated 4 February 1994 was not made available to the arbitrator or me during my arbitration, even though Telstra’s FOI numbering system (M followed by a number) indicates to Telstra and the TIO’s office that I was still reporting problems with my fax transmissions during my FTSP process (see Hacking-Julian Assange File No 24).

“I am writing to inform you that members of the group known as the Casualties of Telecom (COT) have contacted my Office regarding the Australian Federal Police enquiries into voice monitoring by Telstra of their telephones. Both Mr Graham Schorer and Mr Alan Smith of COT have informed my Office that they have information on Telstra’s activities in relation to these matters.” (This exhibit was not made avaialable to me during my arbitration)

On 8 February 1994, The Hon Michael Lee, Minister for Communications, wrote to the Hon Duncan Kerr, MP, Minister for Justice: (Note: this document is held in the Government archives.)

“I am writing to inform you that members of the group known as the Casualties of Telecom (COT) have contacted my Office regarding the Australian Federal Police inquires into voice monitoring by Telstra of their telephones.

Both Mr Graham Schorer and Mr Alan Smith of COT have informed my Office that they have information on Telstra’s activities in relation to these matters”.

‘Specification for Customer Premises Line Monitoring Equipment. 1.0 noting:

“The original direction from AUSTEL in relation to Difficult Fault cases required the installation of equipment to monitor a customer’s line at the customer’s premises as well as the exchange end.  The equipment currently in operation in Telecom has some deficiencies in meeting this requirement.  The Coopers & Lybrand Report recommended the development or purchase of such equipment.  These recommendations are a fundamental foundation for a joint working party between AUSTEL and Telecom to develop the specifications for such equipment.  The specifications should be finalised by December 1994”.

AUSTEL writes to Telstra's Steve Black 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 illegal phone/fax interception allegations. (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)

On 25 February 1994, this letter to Telstra’s Corporate Secretary from Fay Holthuyzen, Assistant to the Minister for Communications, Michael Lee (AS 772-a), is compared to the letter dated 3 February 1994, Exhibit (AS 772-b), that I sent to the Minister’s office. I was concerned that my faxes were being illegally intercepted.

On the same day of 25 February 1994,  an internal Government Memo confirmed 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. (AS 773)

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

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

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

On 15 July 1995, two months after the arbitrator's premature announcement of findings regarding my incomplete claim, Amanda Davis, the former General Manager of Consumer Affairs at AUSTEL (now known as ACMA), provided me with an open letter to be shared with individuals of my choosing. This action underscores the confidence she placed in my integrity and professional character:

“I am writing this in support of Mr Alan Smith, who I believe has a meeting with you during the week beginning 17 July.  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 admired for having kept as focussed as they have throughout their campaign.

Having said that, I am aware all have suffered both physically and their family relationships. In one case, the partner of the claimant has become seriously incapacitated; due, I beleive to the way Telecom has dealt with them. The others have al 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 succsessful 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 claiams, and there is no pretence even that the arbitration process has attemted to produce a contest between equals.

Even it the remaining claimants receive satisfactory settlements (and I have no reason to think that will be the outcome) it is crucial that the process be investigated in the interest of accountabilty of publical companies and the public servants in other government agencies. 

Because I am not aware of the exact citrcumstances surronding your meeting with Mr Smith, nor your identity, you can appriate that I am being  fairly circimspect in what I am prepared to commit to writing. Suffice it to say, though, I am fast coming to share the view that a public inquiry of some discripion is the only way that the reasons behind the appalling treatent of these people will be brought to the surface.

I would be happy to talk to you in more detail if you think that would be useful, and can be reached at the number shown above at any time. 

Thank you for your interest in this matter, and for sparing the time to talk to Alan. (See File 501 -  AS-CAV Exhibits 495 to 541 )

Four months after the arbitrator Dr Hughes prematurely brought down his findings on my matters, and fully aware I was denied all necessary documents to mount my case against Telecom/Telstra, an emotional Senator Ron Boswell discussed the injustices we four COT claimants (i.e., Ann Garms, Maureen Gillan, Graham Schorer and me) experienced prior and during our arbitrations (see Senate Evidence File No 1 20-9-95 Senate Hansard A Matter of Public Interest) in which the senator notes:

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

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

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

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

“Telecom has treated the Parliament with contempt. No government monopoly should be allowed to trample over the rights of individual Australians, such as has happened here.” 

Thus, the government was officially informed of the above concerning an arbitration process it endorsed and should have immediately appointed a review of the whole sordid affair. It never did.