You can access my book 'Absent Justice' here → Order Now—it's Free. It presents a compelling narrative that addresses critical societal issues related to justice and equity within Australia's arbitration and mediation processes. If you see the value in the research and evidence behind this important work, consider supporting  Transparency International Australia! Your donation will help raise awareness about the injustices that impact our democracy. 

Learn about horrendous crimes, unscrupulous criminals, and corrupt politicians and lawyers who control the legal profession in Australia. Shameful, hideous, and treacherous are just a few words that describe these lawbreakers. Instances of foreign bribery, foreign corrupt practices, kleptocracy, and foreign corruption programs, as well as the absence of justice.com, the website that triggered a deeper exploration into the world of political corruption, present significant challenges, including tampering with evidence and government corruption, as well as gaslighting. 

Until the late 1990s, the Australian government entirely owned Australia’s telephone network and the communications carrier, Telecom (now privatised and known as Telstra). Telecom held a monopoly on communications, allowing the network to deteriorate into disrepair. When four small business owners had severe communication problems (I was the founding member of the four), they were offered a commercial assessment process by the Federal government, which endorsed the process. The arbitrations were a sham: the appointed arbitrator not only allowed Telstra to minimise the claimant's claims and losses, but also bowed to Telstra and allowed the carrier to run the arbitrations. Telstra committed serious crimes during the arbitrations, yet, up to this day, the Australian government and the Australian Federal Police have been unable to hold Telstra, or the other entities involved in these crimes, accountable. Government records show that a further sixteen Australian small business operators joined our group, then known as the Casualties of Telstra (COT for short).

Don't forget to hover your mouse or cursor over the images below. 

The arbitrations were nothing more than a kangaroo court - a show trial. 

COT Cases was entirely unaware that Warwick Smith, the administrator overseeing the intricate COT arbitrations and holding the distinguished role of Australia’s first Telecommunications Industry Ombudsman (TIO), had engaged in a secretive agreement with Steve Black, who acted as Telstra's arbitration liaison officer. This clandestine arrangement, involving the defendants in a series of twelve or more COT arbitrations, granted significant privileges to a select group of independent consultants appointed by Warwick Smith.

Under this covert agreement, these consultants gained full access to all relevant documents associated with the cases, including sensitive materials that could potentially influence the arbitration outcomes. This extraordinary power enabled them to strategically choose which documents would be presented to the arbitrator and which would be omitted from consideration entirely. This manipulation occurred even before the arbitrator had the opportunity to review the documents in question. The details of this controversial arrangement are meticulously documented in a letter dated July 11, 1994, from Steve Black to Warwick Smith, which is catalogued as File 590 in AS-CAV Exhibits 589 to 647, stating:

 

• “Telecom will also make available to the arbitrator a summarised list of information which is available, some of which may be relevant to the arbitration. This information will be available for the resource unit to peruse. If the resource unit forms the view that this information should be provided to the arbitrator, then Telecom would accede to this request”. 

Simply put, the arbitration process managed by Telstra and Warwick Smith operated as a façade, utilising Dr. Hughes's name to lend legitimacy to the government-endorsed proceedings. The underlying issues of this setup came to light much later, after the majority of the arbitrations (which included mine) had already been finalised.

 

My name is Alan Smith. This is the story of my battle with a telecommunications giant and the Australian Government, a battle that has twisted and turned, since 1992, through elected governments, government departments, regulatory bodies, the judiciary, and the Australian telecommunications giant, Telstra, or Telecom, as it was known when this story started. The quest for justice continues to this day.

My story began in 1987, when I decided that my life at sea, which I had spent the previous 28 years, was over. I needed a new land-based occupation to see me through to my retirement years and beyond. Of all the places I had visited in the world, I chose Cape Bridgwater, Portland, Victoria, Australia, as my home.

My business is hospitality, and I have always dreamed of running a school holiday camp. Imagine my delight when I saw the Cape Bridgewater Holiday Camp and Convention Centre advertised for sale in The Age newspaper. It was located in rural Victoria, near the small maritime port of Portland. Everything seemed perfect. I performed my “due diligence” to ensure that the business was sound, or at least, all of the due diligence I was aware I needed to accomplish. Who would have guessed that I had to check whether the phones worked? Within a week of taking over the business, I realized I had a problem. Customers and suppliers were reaching out to me—not by phone, but through Australia Post. In some cases, they even decided to drive to inform me of their issues. One such instance came from a customer in Ballarat, Victoria.

In May 1992, we held a charity week for kids from Ballarat and South-West Victoria, mainly organised by Sister Maureen Burke, IBVM, Principal of Loreto College in Ballarat. Arrangements regarding food, transport, and any special needs the children might have had to be handled over the phone, and of course, Sister Burke had enormous problems making phone contact. The Calls were either ringing out, or she was getting a deadline — no sound at all. Finally, after trying in vain for an entire week, she decided to drive the 3½ hours to make the final arrangements.

 

 

The camp was a success, with fifty or sixty children learning to bond through group activities over five days of fun and learning. 

Twelve months later, in March 1993, Sister Karen Donnellon, also from Loreto College, attempted to make contact via the Portland telephone exchange to arrange an annual camp, aware of the problems experienced the previous year. Sister Donnellon persisted over several days until she hit the jackpot.  Sister Donnellon later wrote:

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

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

Children's lives could be at risk

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

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

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

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

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

After the Melbourne Children's Hospital recorded a near-death experience with me having to rush a sick child with cancer to the Portland Hospital 18 kilometres away from my holiday camp, Telstra finally decided to take my telephone faults seriously. None of the 35 children (all with cancer-related illnesses) had mobile phones, or the six or so nurses and carers. Mobile telephones could not operate successfully in Cape Bridgewater until 2004, eleven years after this event. My coin-operated gold phone was also plagued with phone problems, and it took several tries to ring out of the holiday camp. An ambulance arrived once we could ring through to the Hospital. 

In 1997, after I sent Sister Burke an early draft of my manuscript, "Absent Justice, Sister Burke acknowledged my story, noting:

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

Yes, that’s right. I had a business to run and a phone service that was, at best, unreliable, and at worst, nonexistent. Of course, we lost business as a result.

And so, my saga begins with a quest to obtain a working phone for my property. Along the way, I received some compensation for business losses and numerous promises that the issue would be resolved if a group of small business operators and I funded our arbitration to hold Telstra accountable for failing to meet its service obligations as per its operating license. Unfortunately, the telephone issues were not resolved on the day the arbitrator delivered his findings on May 11, 1995. I sold my business in December 2001, and within days of the new owners taking over, their dream business faced a fate similar to mine. → Chapter 5 Immoral - Hypocritical Conduct.

Other independent businesspeople similarly affected by poor telecommunications have joined me on my journey. We are known as the Casualties of Telecom, or the COT cases. All we wanted was for Telecom/Telstra to acknowledge our various problems, rectify them, and then compensate us for our losses.  A working phone: is that too much to ask?

We initially asked for a full Senate investigation into Telecom in general and these issues in particular. We were offered, as an alternative, an arbitration process. It seemed like a good way to resolve the problem, so we accepted this alternative. At this early stage, we had honestly expected that the technical problems preventing our phones from working would be resolved.

No such luck. Suspicions that something was amiss in the arbitration process began almost immediately. We had been promised that the Telecom documents we needed to make our case would be made available to us if we entered into arbitration. Despite the promise, they have never been made available, and we still do not have those documents to this day. We were further troubled when we discovered that, during the arbitration process, our fax lines were being illegally tapped.

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 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 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 up 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 2025.

 

 

Worse, we had been tricked into signing a confidentiality clause that has hampered all of our efforts since. I am breaking the provisions of that clause by making this information public, but what choice do I have? What we did not know when we signed our government-endorsed arbitration and confidentiality agreement that had been secretly drafted by Telstra's lawyers, Freehill Hollingdale & Page, now known as Herbert Smith Freehills Melbourne, is that it had been designed so as not to provided enough time in the agreement for us to access the necessary documents to prove our claims or provided the process a properally prepared technical report. In other words, it was a Kangaroo Court set up by Telstra, in conjunction with an alleged arbitrator and the Telecommunications Industry Ombudsman as administrator.

The next crucial chapter in our journey involved a determined effort to harness the Freedom of Information (FOI) process to secure the promised yet withheld documents. We firmly believed that vital evidence resided within each of the telephone exchanges, particularly in the meticulously maintained daily logbook. This logbook, signed daily by technicians, captures every activity and documents each fault reported by customers, serving as an essential record of the diligent investigations carried out by the skilled technicians assigned to those exchanges.

In my situation, it was this very logbook that the government relied upon to evaluate my claims before the start of my arbitration process. I have now included it as part of AUSTEL’s Adverse Findings, between Points 2 to 212 dated March 1994.

Anyone examining this government-prepared report will likely conclude that had I also obtained the logbook for the Cape Bridgewater/Portland telephone exchange, just as the government did, I would have been awarded a significantly more favourable outcome. Instead, I found myself facing the bitter reality of spending over $300,000 in professional arbitration fees, trying to validate claims that the government had already substantiated a full six weeks before my thirteen months of arbitration commenced.

The COT (Claimants of Telstra) cases involved a group of individuals who were inadequately informed about the far-reaching implications of a crucial confidentiality clause embedded within their arbitration agreements. This clause was particularly significant as it stipulated that if Telstra, along with the appointed arbitrator, failed to effectively address the persistent telephone issues that prompted the claimants to seek arbitration, the claimants would be strictly forbidden from disclosing these unresolved issues to any external parties, including the media and regulatory bodies.

This so-called "gag clause" functioned as a formidable obstacle, effectively silencing the claimants and preventing them from pursuing external assistance or publicly reporting the ongoing failures related to the telephone services. As a direct result, many businesses faced increased vulnerability, leading to a deteriorating operational environment and significant harm to their profitability. The frustration stemming from unresolved technical issues not only impeded their daily business operations but also threatened their long-term viability.

The lack of transparency inherent in this situation compounded the difficulties faced by the claimants. They found themselves trapped in a nightmarish cycle, unable to seek recourse from relevant regulatory authorities or other organizations that might have offered support or advocacy. The absence of third-party oversight and accountability in the arbitration process not only stifled their voices but also placed immense financial and operational pressures on them, making it increasingly challenging to navigate the complexities of their business environments.

 

 

As the situation continued to deteriorate, many claimants were ultimately forced to make the heartbreaking decision to sell their businesses, often at a loss. The thought of giving up years of hard work and investment was devastating. For Telstra and the arbitrator to properly investigate the ongoing issues affecting these businesses, the government would need to confront an uncomfortable truth: the arbitration process had failed to achieve its primary objective of resolving the telephone faults before the arbitrator issued his award. If the phone problems were still present as they were before the claimants entered arbitration, it meant that the process had failed, just as the previous processes involving the four COT Cases did in 1992 and 1993.

Recognising that the process had yet again failed would not only affect the individual claimants but could also have far-reaching consequences, potentially undermining public confidence in the entire arbitration system and raising serious questions about the arbitrator's ability to manage the procedure effectively.

Seven years after my arbitration concluded, I sold the business in December 2001, despite the ongoing telephone issues that the arbitration process could not resolve. By February 2002, the new owners Jenny and Darren Lweis, were seeking assistance from the same government official, the Hon. David Hawker MP, who had been helping me since 1992—with the same phone problems that persisted for a decade → Chapter 4 The New Owners Tell Their Story

On 4 September 2006, Darren Lewis provided the Hon Senator Helen Coonan, Minister for Communications, Information Technology and the Arts, 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 who ever 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.” (See Main Evidence File No 13)

If the government had acknowledged this significant oversight during the arbitration proceedings, it would have faced the daunting task of financing an appeal process. Such an appeal would necessitate a comprehensive review of the specific deficiencies in the initial arbitration award, focusing particularly on those areas that were inadequately addressed by the claims made by the opposing party. Admitting to these flaws would not only cast doubt on the integrity of the arbitration process, which the government had staunchly supported from its outset, but it would also carry serious financial consequences.

 

The substantial costs associated with an appeal, combined with the potential for protracted litigation and the looming risk of unfavorable judicial outcomes, could severely disrupt the government's budgetary plans and resource allocation. These realities underscore the intricate complexities and far-reaching consequences that arise in legal proceedings, especially when a governmental body is implicated. This intricate situation likely explains the government's reluctance to reopen these cases. 

 

At the centre of this controversy is the behaviour of Telstra's arbitration representatives, Freehill Hollingdale & Page—now known as Herbert Smith Freehills Melbourne. This law firm is implicated in the highly questionable practice of drafting unsigned witness statements for specific individuals, which are subsequently submitted during arbitration proceedings as if they were legitimate and sworn testimonies. Alarmingly, the individuals whose names appear on these documents never actually signed them, despite Freehill Hollingdale & Page falsely attesting to their authenticity.

 

 

 

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

1. ...any explanation for the apparent discrepancy in the attestation of the witness statement of Ian Joblin .
2. ...were there any changes made to the Joblin statement originally sent to Dr Hughes compared to the signed statement?" 

The fact that Telstra's lawyer, Maurice Wayne Condon of Freehill Hollingdale & Page, signed the witness statement without the psychologist's signature highlights the significant influence Telstra lawyers have over the arbitration legal system in Australia.

It is June 2025, and I have still never seen a copy of the advice that John Pinnock was officially entitled to receive from Telstra regarding this unsigned arbitration witness statement by Ian Joblin, clinical psychologist - re Maurice Wayne Condon attesting to seeing the signature on the witness statement when it was not there at all. 

This situation raises grave concerns regarding the integrity of these statements. They may have been crafted with the intent to bolster Telstra's legal standing, raising an even more troubling possibility: that the firm misled and deceived regulatory authorities. Such actions obstruct the pursuit of truth about the insights and observations of witnesses, especially in light of my own evidence against Freehill Hollingdale & Page, who manipulated key facts to persuade a witness that I was mentally unstable.

 

In an especially egregious breach of professional ethics, Freehill Hollingdale & Page supplied false evidence to a witness, which an offshore Canadian technical consultancy had prepared. This fundamentally flawed report was then used by Freehill to wrongly convince a clinical psychologist—hired on behalf of Telstra—that I was paranoid, all while insisting that there were no issues with my phone services.

 

This case starkly illustrates the lengths to which Freehill Hollingdale & Page would go to protect its interests and maintain a lucrative relationship with Telstra.

 

I can only imagine that the emerging generation of partners and associates at Herbert Smith Freehills Melbourne—a firm now celebrated worldwide for its esteemed legal capabilities—would be horrified by the unethical tactics employed by their predecessors in their relentless pursuit of victory. This entire situation calls out for a thorough investigation and accountability within the legal profession, especially when such issues significantly impact justice and the fundamental principle of transparency.

Infringe upon the civil liberties.

Most Disturbing And Unacceptable 

On 27 January 1999, after having also read my first attempt at writing my manuscript, absentjustice.com, Senator Kim Carr, who wrote:

“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.”

The twelve new chapters below, titled Telstra-Corruption-Freehill-Hollingdale & Page to The Promised Documents Never Arrived, create a vibrant tapestry of titles and narratives designed to engage and captivate the public's interest. While these compelling stories will eventually be removed, they are crucial in highlighting the complex issues intertwined with the COT narrative.

In their stead, we will highlight often-overlooked accounts of whistleblowers—extraordinary individuals whose profound courage drives them to risk their safety and well-being to unveil the stark realities concealed beneath layers of deception. 

Telstra-Corruption-Freehill-Hollingdale & Page

Corrupt practices persisted throughout the COT arbitrations, flourishing in secrecy and obscurity. These insidious actions have managed to evade necessary scrutiny. Notably, the phone issues persisted for years following the conclusion of my arbitration, established to rectify these faults

Confronting Despair

The independent arbitration consultants demonstrated a concerning lack of impartiality. Instead of providing clear and objective insights, their guidance to the arbitrator was often marked by evasive language, misleading statements, and, at times, outright falsehoods.

Flash Backs – China-Vietnam

In 1967, Australia participated in the Vietnam War. I was on a ship transporting wheat to China, where I learned China was redeploying some of it to North Vietnam. Chapter 7, "Vietnam—Vietcong," discusses the link between China and my phone issues.

A Twenty-Year Marriage Lost

As bookings declined, my marriage came to an end. My ex-wife, seeking her fair share of our venture, left me with no choice but to take responsibility for leaving the Navy without adequately assessing the reliability of the phone service in my pursuit of starting a business.

Salvaging What I Could

Mobile coverage was nonexistent, and business transactions were not conducted online. Cape Bridgewater had only eight lines to service 66 families—132 adults. If four lines were used simultaneously, the remaining 128 adults would have only four lines to serve their needs.

Lies Deceit And Treachery

I was unaware of Telstra's unethical and corrupt business practices. It has now become clear that various unethical organisational activities were conducted secretly. Middle management was embezzling millions of dollars from Telstra.

An Unlocked Briefcase

On June 3, 1993, Telstra representatives visited my business and, in an oversight, left behind an unlocked briefcase. Upon opening it, I discovered evidence of corrupt practices concealed from the government, playing a significant role in the decline of Telstra's telecommunications network.

A Government-backed Arbitration

An arbitration process was established to hide the underlying issues rather than to resolve them. The arbitrator, the administrator, and the arbitration consultants conducted the process using a modified confidentiality agreement. In the end, the process resembled a kangaroo court.

Not Fit For Purpose

AUSTEL investigated the contents of the Telstra briefcases. Initially, there was disbelief regarding the findings, but this eventually led to a broader discussion that changed the telecommunications landscape. I received no acknowledgement from AUSTEL for not making my findings public.
&am

A Non-Graded Arbitrator

Who granted the financial and technical advisors linked to the arbitrator immunity from all liability regarding their roles in the arbitration process? This decision effectively shields the arbitration advisors from any potential lawsuits by the COT claimants concerning misconduct or negligence.<

The AFP Failed Their Objective

In September 1994, two officers from the AFP met with me to address Telstra's unauthorised interception of my telecommunications services. They revealed that government documents confirmed I had been subjected to these violations. Despite this evidence, the AFP did not make a finding.&am

The Promised Documents Never Arrived

In a February 1994 transcript of a pre-arbitration meeting, the arbitrator involved in my arbitration stated that he "would not determination on incomplete information.". The arbitrator did make a finding on incomplete information.

If revealing actions that harm others is viewed as morally unacceptable, why do governments encourage their citizens to report such crimes and injustices? This contradiction highlights an important aspect of civic duty in a democratic society. When individuals bravely expose wrongdoing, they often earn the title of "whistleblower." This term encompasses a complex reality: it represents the honor and integrity that come with standing up for truth and justice while also carrying the burden of stigma and potential personal consequences, such as workplace retaliation or social ostracism.

In this challenging context, a crucial question arises: Should we celebrate and support those who risk their security and reputation to expose misconduct, thereby fostering a culture of accountability? Or should we condemn their actions, viewing them as threats to stability and order? The answer to this question can significantly influence the ethics of transparency within our communities and shape how society values integrity versus conformity. Ultimately, creating an environment that supports whistleblowers may be essential for nurturing a just and equitable society.

 

I believe you are taking the most appropriate course of action

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."   

On June 29, 1995, the Canadian government raised serious concerns regarding the accuracy of test results provided by Telstra's legal representatives, Freehill Hollingdale & Page (now operating as Herbert Smith Freehills in Melbourne). These contentious test results from Bell Canada International Inc. were submitted for review to Mr. Ian Joblin, a clinical psychologist, who was set to travel to Portland for an assessment of my mental health amid ongoing arbitration proceedings.

DMR Group Inc. Canada was brought into the arbitration process in March 1995 by the arbitration administrators, ten months after it was discovered that the original arbitration consultants had admitted to a significant conflict of interest, despite having signed the arbitration confidentiality papers in April 1994. At the time, Telstra had 47 of the most prestigious law firms in Australia and nearly all of the recognised telecommunications companies in Victoria on retainer. I had to source a technical consultant, George Close & Associates, who lived in Buderim, Queensland, 1,000 kilometres away.

In the 1980s and 1990s, taking a stand against Telstra was an unthinkable move for any reputable professional. The sheer power that Telstra wielded in the telecommunications sector meant that defying them could lead to immediate and devastating consequences, such as the abrupt termination of contracts that businesses had relied on for years. As you immerse yourself in the following story, you will discover that Telstra's approach was not just about issuing threats; they were unflinching in their resolve and acted on those threats with alarming certainty. 

After conducting an exhaustive review of the compelling evidence surrounding DMR Group Inc. (Canada), I have arrived at a deeply troubling realisation. Paul Howell, a highly regarded Principal Technical Arbitration Consultant, was dispatched from Canada with a specific mandate: to investigate the serious technical grievances I raised against Telstra between 1994 and 1995. My complaints stemmed from alarming and deceptive practices that Telstra engaged in, particularly their troubling reliance on falsified testing results provided by Bell Canada International Inc. (BCI) at the Cape Bridgewater Telstra facility. These misleading results led the arbitrator down a misguided path, resulting in a conclusion that contradicted my lived experiences and led him to dismiss my claims of ongoing telephone faults.

What amplifies the distressing nature of this situation is the unsettling realisation that the government communications authority was aware of Telstra's flawed testing methodologies. These methods were manifestly inadequate for identifying the recurring systemic issues I had consistently reported. This troubling information is painstakingly documented in their report dated March 1994, where specific points—particularly AUSTEL’s Adverse Findings at 210, 211, and 212—stand out for their glaring exposure of a profound disregard for the validity of the tests.

Deepening this narrative of frustration is the painful understanding that neither DMR Group Inc. Canada nor Lane Telecommunications has any obligation to investigate or resolve the persistent telephone faults that have plagued my service for years. Point 2.23 of their report starkly highlights the unsettling reality that the failure to investigate these ongoing issues has left them unresolved and exposed, i.e.;  

“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’,”  (see Exhibit 45-c -File No/45-A)

Page two of this report (provided as the final report) Open Letter File No/47-A to 47-D shows no mention of my billing claim document being discussed in my version. However, page three in 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.” (See Open Letter File No/47-A to 47-D)

The arbitration DMR & Lane technical evaluation report, dated April 30, paints a grim and unflattering portrait of the process, suggesting that Howell's journey from Canada was merely a procedural formality that endorsed a deeply flawed report. This report not only contributed to the downfall of my business but also had a profoundly negative impact on both my personal and professional life. This disturbing scenario raises profound and unsettling questions about the ethical integrity and accountability within the Canadian telecommunications industry.

In the wake of my first heart attack, I returned home after several days in the hospital to recuperate. Upon my return, I received a phone call from Paul Howell, DMR Group Inc. Canada, who expressed his sincere wishes for my speedy recovery. He candidly remarked that it was the worst arbitration process he had ever been involved in, noting that no arbitration would have permitted such an appalling approach had it occurred in North America. Disturbed by his account, I sent a statutory declaration to the then Minister of Communications, Michael Lee MP, detailing what Mr. Howell had disclosed. Once again, a Canadian national had courageously shone a light on the troubling events that had transpired, despite the government owning the Telstra Corporation.

This Telstra internal email, FOI folio C04094, shows how Telstra executive use their corporate power against legitimate complaints, even though Telstra was government-owned:-

“Don, thank you for your swift and eloquent reply.  I disagree with raising the issue of the courts.  That carries an implied threat not only to COT cases but to all customers that they’ll end up as lawyer fodder.  Certainly that can be a message to give face to face with customers and to hold in reserve if the complaints remain vexacious .” GS File 75 Exhibit 1 to 88

The two internal documents from Telstra, specifically FOI Folio False Witness Statement File No 3-A and (Front Page Part Two 2-B), serve as a crucial repository of information that vividly illustrates the corporation's awareness of my strong and valid claims against them. These documents lay bare the depth of Telstra's knowledge regarding the significant issues I faced, establishing a clear picture of their recognition of the validity of my concerns.

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

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

To further support my claims that Telstra already knew how severe my Ericsson Portland AXE telephone faults were, can best be viewed by reading Folios C04006, C04007 and C04008, headed TELECOM SECRET (see Front Page Part Two 2-B), which states:

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

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

Chapter 1

Learn about government corruption and the dirty deeds used by the government to cover up these horrendous injustices committed against 16 Australian citizens

Chapter 2

Betrayal deceit disinformation duplicity falsehood fraud hypocrisy lying mendacity treachery and trickery. This sums up the COT government endorsed arbitrations.

Chapter 3

Ending bribery corruption means holding the powerful to account and closing down the systems that allows bribery, illicit financial flows, money laundering, and the enablers of corruption to thrive.

Chapter 4

Learn about government corruption and the dirty deeds used by the government to cover up these horrendous injustices committed against 16 Australian citizens. Government corruption within the public service affected most if not all of the COT arbitrations. 

Chapter 5

Corruption is contagious and does not respect sectoral boundaries. Corruption involves duplicity and reduces levels of morality and trust.

Chapter 6

Anti-corruption policies need to be used in anti-corruption reforms and strategy. Corruption metrics and corruption risk assessment is good governance

Chapter 7

Bribery and Corruption happens in the shadows, often with the help of professional enablers such as bankers, lawyers, accountants and real estate agents, opaque financial systems and anonymous shell companies that allow corruption schemes to flourish and the corrupt to launder their wealth.

Chapter 8

Corrupt practices in government and the results of those corrupt practices become problematic enough – but when that corruption becomes systemic in more than one operation, it becomes cancer that endangers the welfare of the world's democracy.

Chapter 9

Corruption in government, including non-government self-regulators, undermines the credibility of that government. It erodes the trust of its citizens who are left without guidance are the feel of purpose. Bribery and Corruption is cancer that destroys economic growth and prosperity. 

Chapter 10

The horrendous, unaddressed crimes perpetrated against the COT Cases during government-endorsed arbitrations administered by the Telecommunication Industry Ombudsman have never been investigated. 

Chapter 11

This type of skulduggery is treachery, a Judas kiss with dirty dealing and betrayal. This is dirty pool and crookedness and dishonest. This conduct fester’s corruption. It is as bad, if not worse than double-dealing and cheating those who trust you.&a

Chapter 12

Absentjustice.com - the website that triggered the deeper exploration into the world of political corruption, it stands shoulder to shoulder with any true crime story.