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An Absent Justice documentary is being considered. Anyone interested in funding such a project can express their interest via our website - Contact - Government Corruption.

 

Absent Justice - My Story

 

A Telstra minute, dated 2 July 1992, concerning the Portland Ericsson AXE telephone exchange states:

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

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

To further support my claims that Telstra already knew my phone complaints were valid, can best be viewed reading Folios C04006, C04007 and C04008, headed TELECOM SECRET (see Front Page Part Two 2-B) states:

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

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

It is clear from much of the information supplied by David Hawker, MP, to me in 1993 and 1994 that many people as far away as Penshurst, Apsley, Hamilton, Timboon, Victoria Valley and through Portland were complaining to him about the phone problems in his electorate. The Hon. Mr Hawker MP was passing on many of those complaints to me for the COT cases to take to Parliament House, Canberra, in our pursuit to have the Senate investigate why so many rural south-west citizens were experiencing the same problems as my business (see Introduction File No/11-E).

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

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

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

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

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

(Because of a number of reports regarding this ‘piercing noise’, Ray Morris from Telstra’s Country Division arranged to have my service switched to another system.” (My Story Evidence File 10-B)

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

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

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

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.” (Arbitrator File No/77 and Arbitrator File No/82)

My concise three-minute YouTube video below makes this clear. At eighty years old, I'm tackling the injustices endured by the COT Cases during their arbitrations. The Australian government's tacit acceptance of unresolved issues in sanctioned arbitrations would likely be unacceptable in most Western democracies. The video also exposes corruption in government when they allowed Telstra's lawyers Freehill Hollingdale & Page to target four Australians and their four named businesses so that when these four citizens signed their government-endorsed arbitration, the documents the government promised them would be provided to assist them in preparing their claims were firmly hidden using the Freehill Hollingdale & Page COT Case Strategy.

Ann Garms' YouTube video and her appeal process undermine Dolittle's defence of her arbitration claim on behalf of Telstra. In my arbitration, John Rundell, the Arbitration Project Manager, only assessed part of my claim when he should have assessed all of the material. In the case of Deloitte, while defending Telstra during my arbitration, they incorrectly tested my telephone lines. I discerned the faults based on their interpretation rather than a technical assessment.

Ann's Garms was prepared to go live on her YouTube video below about her arbitration and appeal process, which coincides with her letters discussed throughout this website.

Ann passed away not long after she made this YouTube video, knowing that her battle with Telstra and their government minders had taken its toll. Learn from Ann's YouTube about horrendous crimes, unscrupulous criminals, corrupt politicians, and the lawyers who controlled the legal profession appeal process that cost Ann 600.000. Shameful, hideous, and treacherous are just a few words that describe these lawbreakers.

At points 3.5, 3.6, and 3.7in the arbitrator's award handed down on 11 May 1995 regarding my arbitration claim, he states respectfully the Bell Canada Report, the Coopers & Lybrand Report, and the AUSTEL Report were used by him to determine his findings in regards to by business losses. 

All three reports (the Bell Canada Report, the Coopers & Lybrand Report, and the AUSTEL COT Cases Report) have now been proven to have been altered, changed or sanitized seriously enough. Possibly even worse are four other COT Cases apart from Ann Garms and myself; the arbitrator also used the same three reports to determine those claims. In other words, all six of those arbitrations where the arbitrator and his consultants used these three fundamentally flawed reports to determine their findings should have been declared null and void back in 1995 and 1996, when the evidence showing all three reports had been doctored was provided to Senator Richard Alston, in September 1995, and again in June 1996, when he became Minister for Communications in the John Howard government. 
 

Delloits were Telstra's arbitration financial accountants in Ann's and my arbitration, where our accountants strongly refuted many of Deloitt's' arbitration findings. While I am not saying Deloitt's acted unlawfully during my arbitration, what was most concerning was the statement made by one of their witnesses under another concerning my ongoing telephone problems because that statement, there was nothing wrong with my telephones which he and his company had tested, did not match the government report from their findings (refer to AUSTEL’s Adverse Findings,) at points 2, 212,

Most importantly, Telstra funded all three auditing companies that participated in our government-endorsed arbitration instead of the government, which endorsed the arbitrations. How can the government endorse a process that allows only the arbitration defendants to test the equipment under investigation but does not ensure that the arbitration technical consultants do similar testing of the same service under investigation?  

I want to emphasize that despite the poor quality of the YouTube video, it does not negate the fact that at least three of the nine business people shown in the video have since passed away. These individuals did not receive the justice I am requesting the current government to provide by reviewing each case on its merit, including my case. The government should visit absentjustice.com and read the rest of my statements to determine if the remaining COT Cases have valid claims against the Commonwealth.

It's now June 2024, and every time I work on finalizing parts of our website and documentary, I must revisit the complex details of our authentic, terrible story. My anxiety levels instantly begin to rise. I also struggle to find the right words to conclude this dreadful tale. It's challenging to adequately explain the disaster we've all grappled with for many years. One major issue is that none of the COT cases - all honest Australian citizens - should have been forced into a situation that led us to deal with numerous unaddressed crimes. These crimes were committed against us while we were part of a government-endorsed arbitration process. There are two parts to this problem for the COTs. First, those identified below collaborated with Telstra to commit these unaddressed crimes. Then there's Telstra, an organization with the power to prevent any authorities, including government authorities, from investigating these crimes, as Chapter Seven of this website and our story "Absent Justice" clearly shows.

It's important to emphasize that every detail on this website is accurate and backed by irrefutable evidence readily available directly from the website. Additionally, after discussing with other members of the COT group, we decided that considering the stress we're all still experiencing, it would be better to release our stories to the public exactly as they are on the website now, even if it's not how we originally intended to present them when we started putting the website together.

Absentjustice.com is the website that triggered a deeper investigation into criminal conduct in government. Narcism, unconscionable < 

Political corruption has allowed government employees to indulge in official capacity for personal gain or to facilitate others in government to acquire financial gain. The use of gaslighting techniques by government public servants and their attempts to cover up the heinous injustices committed against 16 Australian citizens is unacceptable. Corruption within the government bureaucracy, including government-funded agencies, which are guns for hire, has plagued the COT arbitrations, and it is imperative to investigate those involved in such crimes within Australia's legal fraternity. We must identify their positions within Australia's establishment, and the legal system that allowed these injustices to occur must be held accountable.

The fact that these so-called public figures became household names once they were awarded Australian Achievement Medals of Honour is outrageous. It is critical to explore where these individuals within Australia's establishment who committed these horrendous crimes sit today, and the legal system that allowed these injustices to occur must be reformed.

 

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PLEASE  NOTE: This blank page below broke down at 7:10 pm Australian Standard Time on 8/06/2024. We are attempting to fix the problem as soon as possible. It has not interfered with any written text. Thank you.

 

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Absent Justice - DocumentaryAn Absent Justice documentary is being considered. Anyone interested in funding such a project can express their interest via our website - Contact - Government Corruption

 

My concise three-minute YouTube video below makes this clear. At eighty years old, I'm tackling the injustices endured by the COT Cases during their arbitrations. The Australian government's tacit acceptance of unresolved issues in sanctioned arbitrations would likely be unacceptable in most Western democracies. The video also exposes corruption in government when they allowed Telstra's lawyers Freehill Hollingdale & Page to target four Australians and their four named businesses so that when these four citizens signed their government-endorsed arbitration, the documents the government promised them would be provided to assist them in preparing their claims were firmly hidden using the Freehill Hollingdale & Page COT Case Strategy.

n Absent Justice documentary is being considered. Anyone interested in funding such a project can express their interest via our website - Contact - Government Corruption

 

My concise three-minute YouTube video below makes this clear. At eighty years old, I'm tackling the injustices endured by the COT Cases during their

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

arbitrations. The Australian government's tacit acceptance of unresolved issues in sanctioned arbitrations would likely be unacceptable in most Western democracies. The video also exposes corruption in government when they allowed Telstra's lawyers Freehill Hollingdale & Page to target four Australians and their four named businesses so that when these four citizens signed their government-endorsed arbitration, the documents the government promised them would be provided to assist them in preparing their claims were firmly hidden using the Freehill Hollingdale & Page COT Case Strategy.

It 

 Pl

 

 

Remember this: public servants and politicians who violate their duties have aligned themselves with lending institutions, wealthy corporations, and conglomerates, turning a blind eye to the government. My concise three-minute YouTube video below makes this clear. At eighty years old, I'm tackling the injustices endured by the COT Cases during their arbitrations. The Australian government's tacit acceptance of unresolved issues in sanctioned arbitrations would likely be unacceptable in most Western democracies."

ALAN SMITH VIDEO ONE

 

 

Nothing adds up

Absent Justice - The Godfather

It's all a mirage 

The fact that Coopers & Lybrand (now PWC) COT found Telstra had mislead and deceived the COT Cases over an extended period but changed that finding in the report proved to the arbitrator is alarming enough. But worse is the arbitrator making strong comments in his findings (the award) that he saw no deliberate deceptive conduct by Telstra. Had the arbitrator deliberating on my arbitration claims been aware the Coopers/PWC report had been altered to protect Telstra regarding their misleading and deceptive conduct towards the COT Cases, he would not have made those statements in his findings. He might well have further investigated and found Telstra had, indeed, misled and deceived me during my first 11 December 1992 settlements process with Telstra.

This, coincides with what Ann Garms is saying in her YouTube. At points 3.5, 3.6 and 3.7 in the arbitrator's award handed down on 11 May 1995 regarding my arbitration claim, he states, respectively, the Bell Canada Report, the Coopers & Lybrand Report, and the AUSTEL Report were used by him and his arbitration unit to determine their findings. 

All three reports (the Bell Canada Report, the Coopers & Lybrand Report, and the AUSTEL COT Cases Report) have now been proven to have been altered, changed or sanitized seriously enough. Possibly even worse is four other COT Cases apart from Ann Garms and myself; the arbitrator also used the same three reports to determine those claims. In other words, all six of those arbitrations where the arbitrator and his consultants used these three fundamentally flawed reports in to determine their findings should have been declared null and void back in 1995 and 1996, when the evidence showing all three reports had been doctored was provided to Senator Richard Alston, in September 1995, and again in June 1996, when he became Minister for Communications in the John Howard government. 
 

Delloits were Telstra's arbitration financial accountants in Ann's and my arbitration, where our accountants strongly refuted many of Deloitt's' arbitration findings. While I am not saying Deloitt's acted unlawfully during my arbitration, what was most concerning was the statement made by one of their witnesses under another concerning my ongoing telephone problems because that statement, there was nothing wrong with my telephones, did not match the government report from their findings (refer to AUSTEL’s Adverse Findings,) at points 2, 212,

Most importantly, Telstra funded all three auditing companies that participated in our government-endorsed arbitration instead of the government, which endorsed the arbitrations. How can the government endorse a process if it has no input?  

It is important to reference the following https://shorturl.at/4DEP, as it provides evidence that supports the claims made by Ann Garms (now deceased) in her YouTube video. This is especially relevant when comparing her statements with those regarding PWC, Dolittle's, and the misleading and deceptive statements made by John Rundell to John Pinnock (TIO), who was a partner of KPMG during an official investigation by the Telecommunications Industry Ombudsman (TIO) and the Institute of Arbitrators Australia into my complaints against John Rundell and Dr Gordon Hughes during my arbitration from 1994 to 1995.

Ann Garms' YouTube video and her appeal process undermine Dolittle's defence of her arbitration claim on behalf of Telstra. In my arbitration, John Rundell, the Arbitration Project Manager, only assessed part of my claim when he should have assessed all of the material. In the case of Deloitte, while defending Telstra during my arbitration, they incorrectly tested my telephone lines. I discerned the faults based on their interpretation rather than a technical assessment.

Ann's Garms was prepared to go live on her YouTube video below about her arbitration and appeal process, which coincides with her letter discussed below.

 

ANN GARMS  (now deceased) VIDEO ONE 

 

This same letter is discussed in more detail on National Television as the YouTube video shows (File 942 to 946 - AS-CAV 923 to 946). 

The following list of evidence provides the number of exhibits and the statements made in the different paragraphs. I have reported the events chronologically, from when I purchased the holiday camp to the present day.

In Chapter 1, titled "Chapter 1 - The collusion continues," one of the four mentioned arbitration professionals on our Home Page misled and deceived John Pinnock, the newly appointed administrator, regarding my arbitration's conduct. This arbitration professional was a partner of KPMG. (Chapter 5 - The Eighth Damning Letter).

I want to emphasize that despite the poor quality of the YouTube video, it does not negate the fact that at least three of the nine business people shown in the video have since passed away. These individuals did not receive the justice I am requesting the current government to provide by reviewing each case on its merit, including my case. The government should visit absentjustice.com and read the rest of my statements to determine if the remaining COT Cases have valid claims against the Commonwealth.

 

NINE COT CASES - VIDEO TWO 

 

The fact that Coopers & Lybrand (now PWC) COT audit was used by the arbitrator deliberating on my arbitration claims as evidence, not knowing it had been tampered with, coincides with what Ann Garms is saying in her YouTube. At points 3.5, 3.6 and 3.7 in the arbitrator's award handed down o 11 May 1995 regarding my arbitration claim, he states, respectively, the Bell Canada Report, the Coopers & Lybrand Report, and the AUSTEL Report were used by him and his arbitration unit to determine their findings.  

All three reports have now been proven to have been altered, changed or sanitized to minimize Telstra's liability against the COT Case.  The fact that John Rundell, while a partner of Ferrier Hodgson Corporate Advisory (FHCA), was prepared to mislead various parties interested in seeing my claims were assessed as they should have, including allowing relevant loss figures to be excluded from the FHCA Cape Bridgewater Holiday Camp financial report (see Chapter 2 - Inaccurate and Incomplete) 
 
While writing the following letter as a partner of KPMG on 16 February 1996 (See Open letter File No/45-E) to John Pinnock (the administrator of the COT arbitrations), he attacked my character in no uncertain manner, insinuating the Victoria Police CIB (Criminal Investigation Buruae) was about to investigate me concerning criminal damage to Mr Rundell's property (which was not the case at all as confirmed by the CIB.
 
Was it this letter that stopped the Institutes of the arbitrator from instigating their investigation into my arbitration claims that my arbitration had not been conducted under the agreed ambit of the arbitration procedures? This letter and his further statement in it that his financial report on my arbitration losses was not complete when submitted to the arbitrator as the finished report suggests John Rundell should explain why he did the things he did during my arbitration before he is allowed to continue operating his Arbitration Centres (chambers) in Melbourne and Hong Kong. 
 

 

Absent Justice Ebook

Telstra is run by 'thugs in suits' 

Absent Justice - My Story - Senator Ron Boswell

Telstra threats carried out. 

Page 180 ERC&A, from the official Australian Senate Hansard dated November 29, 1994, details Senator Ron Boswell's inquiry to Telstra's legal directorate regarding withholding my 'Freedom of Information' documents during arbitration. This issue arose from my assistance to the AFP in their investigations into Telstra's interception of my telephone conversations and related faxes. Notably, forty-three arbitration-related claim documents faxed to the arbitrator never arrived, as indicated in his arbitration document schedule. This alarming event, which has not undergone a transparent investigation as of June 1994, demands attention.

“Why did Telecom advise the Commonwealth Ombudsman that Telecom withheld FOI documents from Alan Smith because Alan Smith provided Telecom FOI documents to the Australian Federal Police during their investigation?”

After receiving a hollow response from Telstra, which the senator, the AFP and I all knew was utterly false, the senator states:

“…Why would Telecom withhold vital documents from the AFP? Also, why would Telecom penalise COT members for providing documents to the AFP which substantiate that Telecom had conducted unauthorised interceptions of COT members’ communications and subsequently dealt in the intercepted information by providing that information to Telecom’s external legal advisers and others?” Senate Evidence File No 31)

As mentioned on this website, the threats against me during the arbitration proceedings have materialized, and the deliberate withholding of crucial documents is deeply troubling. Unfortunately, neither the Telecommunications Industry Ombudsman (TIO) nor the government has taken steps to investigate the harmful effects of this misconduct on my overall case presented to the arbitrator. Despite my cooperation with the Australian Federal Police (AFP) in their inquiry into the illegal interception of phone conversations and faxes related to the arbitration, I still await their assistance.

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“…the very large number of persons that had been forced into an arbitration process and have been obliged to settle as a result of the sheer weight that Telstra has brought to bear on them as a consequence where they have faced financial ruin if they did not settle…”

Senator Carr

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

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

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

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

Cathy Lindsey

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

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

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

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

Cathy Lindsey

“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”

Sister Burke

“…your persistence to bring about improvements to Telecom’s country services. I regret that it was at such a high personal cost.”

Hon David Hawker

“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.”

Hon David Hawker MP

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