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Absent Justice - Hon David Hawker MP

Open Letter File No/41/Part-One and File No/41 Part-Two

In the wake of the devastating defeat of the Liberal Government in the May 2025 Australian Federal election, the party has tasked two former senior ministers with investigating the causes of their failure: Alan Stockdale, a prominent Victorian State Minister, and Senator Richard Alston, a well-known Federal Liberal Minister.

Reflecting, I recall that just two months before I signed my government-endorsed arbitration agreement on April 21, 1994, Senator Alston was already aware of a significant discovery I had made. I unearthed damning evidence against Telstra regarding the installation of faulty Ericsson telephone exchange equipment. This equipment, known as AXE, had serious issues, which Telstra internally conceded. In fact, rather than dismissing my concerns, they were internally acknowledging that I was right to question their reliance on this flawed technology. Senator Alston approached me, as the Shadow Minister for Communications, requesting that I share this critical information with him. He intended to use it, alongside my local Federal Member of Parliament, David Hawker MP, to build a robust case against the then-Labour Government, which was grappling with Telstra's faltering network. I willingly complied, providing him the details I had gathered, but afterwards, I heard nothing further.
 
Fast forward fifteen months; after periods of intense arbitration, David Hawker facilitated a meeting for me and two other members of the Casualties of Telstra (COT Cases) with Senator Alston in his office at Parliament House in Canberra. The evidence I presented that day was nothing short of explosive, compelling, and entirely uncontestable. Senator Alston, alongside David Hawker—who would later ascend to the position of Speaker of the House of Representatives—asked me to put together a report delineating the shortcomings of the arbitration process that had failed to deliver justice for me. He assured me that this report would be instrumental in pushing for a review of the arbitration procedures that he and Senator Ron Boswell had previously endorsed in 1994.
 
Included with this message are the reports, identified as Open Letter File No/41/Part-One and File No/41 Part-Two, for your thorough review. Anyone who visits absentjustice.com, whether they download the reports or read them directly from the home page, will find that my claims hold substantial validity. Moreover, additional insights were provided by The Hon David Hawker over the subsequent months, which greatly aided me in compiling the documents now accessible at absentjustice.com.
 
The reason I recount this narrative is directly connected to the recent appointment of Richard Alston as one of the two investigators charged with uncovering the factors behind the Liberal Party's failure in the May 2025 election. This failure stemmed, in large part, from government ministers who exploited the very people they were supposed to serve—individuals like myself and fellow members of the Casualties of Telstra—to advance their own political ambitions at our expense.

Absent Justice - My Story

 

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 C04006C04007 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.”

 

You can access my book 'Absent Justice' here → Order Now—it's FreeIt 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. 

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).

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. 

An examination of "Manipulating the regulator and The eighth remedy pursued" reveals that public servants in the John Howard government were aware that the records of the Department of Communications, Technology, and the Arts had been intentionally altered. This manipulation was done to conceal the truth about Telstra's unlawful conduct towards the COT Cases, preventing these issues from being exposed during the later stages of Telstra's privatisation. 

While the examination of the two links nominated above confirms that the claims made on absentjustice.com are valid, hovering your mouse or curson over → Price Waterhouse Coopers Deloitte KPMG will make it clear that the Telstra board should never have approved the $400 million default clause payable to Murdoch/Fox if the cable rollout period was not met, especially knowing that Telstra could not meet that rollout period. 

Are our governments genuinely focused on serving the needs and interests of their citizens, or are they increasingly swayed by the agendas of influential, unelected billionaires who operate within the shadows of global organisations such as the United Nations and the World Economic Forum? These influential figures, often disconnected from the everyday realities of ordinary people, wield significant influence over policy decisions that impact our lives. As these institutions push for a global agenda, we must ask ourselves: Who is really in charge, and whose voices are being prioritised?

 

HELEN HANDBURY - Sister of Rupert Murdoch

Absent Justice - Helen Handbury

 

In the summer of 1999, while immersed in the intricacies of drafting a pivotal section of my story, I had the opportunity to share my manuscript with Helen Handbury, the sister of media mogul Rupert Murdoch. Helen was profoundly troubled by the stark denial of natural justice that we, the COT Cases, had been subjected to. After perusing my draft, she made two visits to my idyllic Cape Bridgewater Holiday Camp, proclaiming with conviction, "I will get Rupert to have it published; he will be shocked."

During her second visit, Helen arrived with a fresh sense of determination, her mind buzzing with ideas and insights sparked by my manuscript featured on absentjustice.com. Our discussions flowed effortlessly as she passionately conveyed her intent to share the compelling evidence presented on the website with her brother, convinced that he would be deeply disturbed by Telstra's blatant disregard for fundamental justice..

As I weighed the implications of what I might disclose, thoughts of the long-standing telephone chaos flooded my mind. I hesitated to confront Helen with the knowledge that Rupert was aware of Telstra's troubling and unethical practices. These ongoing violations have resulted in millions of dollars in lost revenue, affecting not just individual livelihoods but entire communities. Many Australians were trapped in the relentless grip of persistent telephone issues, some enduring these disruptions for over a decade. The repercussions of this situation have been profound, leaving an indelible mark on countless lives and underscoring the urgent need for accountability and reform.

One element of my narrative that particularly troubled Helen was the extensive evidence I had meticulously compiled, vividly illustrating the prolonged and illegal hacking of my faxes that had targeted me. This distressing intrusion was not just a past issue; it was still an ongoing nightmare at the time of Helen's visit, casting a long shadow over my business operations. In that summer of 1999, the scandal involving the News of the World and the notorious hacking issues surrounding her brother had yet to erupt in public consciousness, making our discussions all the more poignant and prescient.

In the wake of our exchanges, I gathered compelling evidence for the Australian Federal Police, detailing the unauthorised interference with my faxes that had transpired during various arbitration proceedings dating back to 1994. The documentation I presented to Helen strongly suggested that this fax hacking issue remained unresolved at my business premises in 1999, a staggering four years after my arbitration was expected to have rectified these critical injustices.

 

Phone Hacking

 

The pervasive culture of corruption within Telstra has created a fertile ground for private companies to exploit both past and present mismanagement, allowing them to profit from Telstra's numerous failures. A striking illustration of this exploitation is the substantial $400 million fine levied against Telstra for its inability to complete the cable rollout for the Foxtel infrastructure. At that juncture, the Telstra Board was acutely aware that the compensation deadlines for the rollout, already burdened by rampant corrupt practices within the organisation, were utterly unrealistic. Millions of dollars had been misallocated and wasted, rendering timely completion nearly impossible. Nevertheless, in a move that starkly highlighted their disregard for both accountability and the welfare of the Australian public, they proceeded. They signed the deal, prioritising their own interests over the obligations owed to the people they serve.

I emphasise that if we accept the premise outlined in points 10 and 11 on pages 5164 and 5165 of the official Hansard records of the Senate, as published by the Parliament of Australiawhich indicates that Telstra and its board were aware that the company would not meet the mandated rollout deadline, serious concerns arise. Why were the COT Cases—business owners who have struggled for years due to widespread and systemic telecommunications issues caused by Telstra—forced to bear the burden of hundreds of thousands of dollars in professional arbitration fees? These business owners sought the help of an arbitrator to ensure that Telstra would finally address the ongoing phone problems that were damaging their businesses. If this situation does not qualify as a form of severe discrimination, then what does? 

10. Telstra's CEO and Board have known about this scam since 1992. They have had the time and the opportunity to change the policy and reduce the cost of labour so that cable roll-out commitments could be met and Telstra would be in good shape for the imminent share issue. Instead, they have done nothing but deceive their Minister, their appointed auditors and the owners of their stockÐ the Australian taxpayers. The result of their refusal to address the TA issue is that high labour costs were maintained and Telstra failed to meet its cable roll-out commitment to Foxtel. This will cost Telstra directly at least $400 million in compensation to News Corp and/or Foxtel and further major losses will be incurred when Telstra's stock is issued at a significantly lower price than would have been the case if Telstra had acted responsibly. 

 11Telstra not only failed to act responsibly, it failed in its duty of care to its shareholders. So the real losers are the taxpayers and to an extent, the thousands of employees who will be sacked when Telstra reaches its roll-out targetÐcable past 4 million households, or 2.5 million households if it is assumed that Telstra's CEO accepts directives from the Minister.

My primary concern does not pertain to the compensation that Telstra was obligated to provide or whether they did supply the $400 million missed deadline in delivering all promised services to FOX. In several of the COT cases, Telstra made similar commitments to these Australian citizens, provided they financed their arbitrations to resolve ongoing telephone problems that were continuing to ruin their businesses. My arbitration fees between 23 November 1993 and 11 May 1995 cost me more than $ 300,000. Three hundred thousand dollars in 1994 is equivalent to $622,959,207 in 2025; yet, the arbitrator did not force Telstra to resolve my telephone problems, even though he was not supposed to make any final award until Telstra could prove that my phone problems had been fixed as part of the agreed-upon process.

Absent Justice - My Story - The Briefcase Affair

On June 3, 1993, an unexpected incident unfolded at my then-owned Cape Bridgewater Holiday Camp. Two Telstra representatives, Hew Mackintosh and David Stockdale, accidentally left an open briefcase behind. Curiosity piqued, I gently opened the flap of the briefcase and was immediately confronted with a file prominently labelled "Smith Cape Bridgewater." As I began perusing the contents of that folder, I had no idea that my life was about to take a dark and distressing turn, a journey I now detail on this website.

What stands out most about this briefcase affair is the shocking realisation that I wasn’t alone in my struggles. Upon reviewing the documents, I found that numerous others in Victoria, Australia, were experiencing similar phone issues. A sense of urgency washed over me when I recalled that, six months prior to this incident, AUSTEL—then the government communications authority, now known as ACMA—had prompted Telstra to undertake an independent investigation into my claims of severe phone-related losses. The unsettling contents of the briefcase confirmed my worst fears: leading up to the assessment process on December 11, 1992, Telstra's senior management had engaged in a calculated campaign of deceit, misleading me about the true extent of my telecommunications problems. This same management team would later manipulate the narrative during a government-endorsed arbitration process that commenced on April 21, 1994, distorting the truth to mislead the appointed arbitrator, Dr. Gordon Hughes, about the systemic nature of my issues—problems that would linger long after the arbitration concluded.

Instead of choosing to publicly expose the troubling evidence, which would later emerge to support AUSTEL, I opted for a more discreet approach. Armed with an outdated fax machine that seemed to falter at every turn due to my ongoing phone issues, I painstakingly copied whatever information I could. I then passed this vital evidence to COT spokesperson Graham Schorer, who swiftly couriered it to AUSTEL the very next morning.

Had I intended to embarrass Telstra and seek self-aggrandisement, I would have ultimately harmed my own interests. Instead of offering assistance, as AUSTEL had when it first recognised the damning nature of the information, it initiated a campaign to discredit me. In essence, the government shot the messenger, leading to a tumultuous and traumatic existence for both my partner, Cathy, and me for over thirty years. Our attempts to expose the arbiters of deception and the Telecommunications Industry Ombudsman—who grossly undervalued my legitimate claims and even resorted to falsehoods in writing to the Institute of Arbitrators Australia—have only compounded our struggles. These misrepresentations thwarted an objective investigation into the conduct of my arbitration, which would have revealed the shocking degradation of Telstra's network during its privatisation.

Blowing the whistle  

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.

 

Absent Justice - Unresolved Privacy Issues

On the covering page of a joint 10-page letter dated 11 July 2011 to the Hon Robert McClelland, federal attorney-general and the Hon Robert Clark, Victorian attorney-general, I note:

“In 1994 three young computer hackers telephoned Graham Schorer, the official Spokesperson for the Casualties of Telstra (COT) in relation to their Telstra arbitrations.

  • Was Jullian Assange one of these hackers?
  • The hackers believed they had found evidence that Telstra was acting illegally. 
  • In other words, we were fools not to have accepted this arbitration file when it was offered to us by the hackers who conveyed to Graham Schorer a sense of the enormity of the deception and misconduct undertaken  by Telstra against the COT Cases.” (AS-CAV Exhibit 790 to 818 Exhibit 817)

I also wrote to the Hon. Robert Clark, the Federal Attorney-General, on 20 June 2012 to remind him that his office had already received a statutory declaration from Graham Schorer dated 7 July 2011. I also approached other government authorities and provided the Scandrett & Associates report (see Open Letter File No/12 and File No/13), which leaves no doubt that the hackers were right on target regarding Telstra's electronic surveillance of the COT Cases. 

If the hackers were Julian Assange, then Julian Assange carried out a duty to expose what he thought was a crime. Significant law enforcement agencies and the media have been asking the Australian public to report incidents that they believe are crimes, as doing so is in the public interest. When I exposed similar crimes to the Australian Federal Police - Australian Federal Police Investigation File No/1I was penalised for it when Telstra carried out their threats. 

Absent Justice - Australia

The Secret State

On 26 September 2021, Bernard Collaery, Former Attorney-General of the Australian Capital Territory (under the heading) The Secret State, The Rule of Law & Whistleblowers, at point 7 of his 12-page paper, noted:

"On some significant issues the Australian Parliament has ceased to be a place of effective lawmaking by the people, for the people. It has become commonplace for Parliamentarians to see a marathon superannuated career out with ideals sacrificed for ambition."

Perhaps the best way to expose this part of the COT story is to use the Australia–East Timor spying scandal, which began in 2004 when an electronic covert listening device was clandestinely planted in a room adjacent to East Timor (Timor-Leste) Prime Minister's Office at Dili, to covertly obtain information to ensure the Liberal Coalition Government held the upper hand in negotiations with East Timor over the rich oil and gas fields in the Timor Gap. The East Timor government stated that it was unaware of the espionage operation undertaken by Australia.  

This website showcases the compelling stories of whistleblowers, who are celebrated for their unwavering dedication to justice for all. At the onset of my narrative, it is crucial to introduce Bernard Collaery, the former Attorney-General of the Australian Capital Territory. His story resonates deeply with mine, as it mirrors the experiences shared in the COT Cases, where our telephone lines were subjected to relentless hacking for several years, both before and potentially during our arbitration process. The government had endorsed this arbitration as a fair method for resolving our disputes, yet the troubling reality was far more complex.

The gravity of the situation becomes even more pronounced when considering the evidence that Bernard Collaery uncovered while negotiating on behalf of his clients, the Timor-Leste Government. In a similar vein, the arbitration faxes involved in the COT Cases were not only vulnerable but actively intercepted during their transmission. A covertly installed secondary fax machine within Telstra's network would capture sensitive information, duplicate it, and then relay it to the intended recipient. This elaborate scheme underscores the lengths to which some entities will go to manipulate data and undermine trust in the pursuit of justice.

Pages 12 and 13 of the Australian Federal Police Investigation File No/1. transcripts from my interview on 26 September 1994 offer a detailed and revealing account of my experience. In these transcripts, it is clearly documented that Paul Rumble, who served as Telstra's arbitration liaison officer, issued a troubling threat. He stated that he would cease to provide any further Freedom of Information (FOI) documents crucial for supporting my arbitration claims if I persisted in cooperating with the Australian Federal Police's investigation into Telstra's unauthorized interception of my phone calls, which were directly related to the arbitration process. 

The Bernard Collaery issue, coupled with the extensive transcripts from the Australian Federal Police Investigation File No/1 and the comprehensive Scandrett & Associates report (Open Letter File No/12 and File No/13), vividly illustrates the complications that arise when specific individuals in government delve into legal matters that demand transparency. Ideally, these matters should provide all parties involved with a fair opportunity for representation. However, the findings outlined in the Scandrett & Associates report reveal that this ideal has often not been met. The following statements, extracted from the report, further emphasise these troubling inconsistencies:

We canvassed examples, which we are advised are a representative group, of this phenomena .

“They show that

  • the header strip of various faxes is being altered
  • the header strip of various faxes was changed or semi overwritten.
  • In all cases the replacement header type is the same.
  • The sending parties all have a common interest and that is COT.
  • Some faxes have originated from organisations such as the Commonwealth Ombudsman office.
  • The modified type face of the header could not have been generated by the large number of machines canvassed, making it foreign to any of the sending services.”

One of the two technical consultants attesting to the validity of this 7 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)

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

Kangaroo - Court

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

Corruption within government extends beyond mere moral failure; it is a profoundly destructive force that erodes the very foundations of trust that citizens place in their leaders. When public officials manipulate regulatory agencies to serve their own interests, they trample on the rights of ordinary citizens, demonstrating a dangerous form of narcissism with the potential for devastating consequences, as illustrated by my own arbitration experience.
 
On 2 August 1996, a full eighteen months after the conclusion of my arbitration, the Telecommunications Industry Ombudsman (TIO) appointed Ferrer Hodgson Corporate Advisory (FHCA) as financial arbitration consultants to review the case. In their communication to Dr Gordon Hughes, which was also sent to the arbitrator, at Deeble TIO office, they admitted to a troubling oversight: they had deliberately withheld four crucial arbitration documents—letters from the government communications authority, AUSTEL, and the defendant, Telstra. Refer to   (Open letter File No/45-H). Their rationale was that these documents were deemed irrelevant as the billing issues were being addressed in the arbitration process, a decision made unilaterally and without the arbitrator's authority. The arbitration rules (The Agreement) state that I should have received all correspondence from Telstra to the arbitrator. I did not receive these letters during my arbitration.
 
File 46-J → exhibit (Open letter File No/46-F to 46-l) shows the statement by FHCA that they were being addressed in the arbitration was wrong. They were not addressed until 16 October 1995, five months after the arbitration was completed.
 
However, these documents were far from irrelevant. On October 16, 1995, AUSTEL allowed Telstra's representative, Steve Black, to address the withheld documents in a private session, thereby preventing Dr. Hughes from commenting on them. This covert manoeuvre also denied me my legal right to respond to Black’s statements, which shockingly included previously discredited witness testimonies from Telstra, dated back to December 12, 1994. 
 
This is just one of many examples illustrating how this sham arbitration process severely distorted a fair assessment of my claims. A plethora of additional instances and insights can be found throughout my website, absentjustice.com, each revealing a fractured system that prioritises self-interest over justice. Part of the withheld documents, but not all of them, are attached here as Files 46-E, 46-G, 46-H, 46-I, and 46-J (Exhibit Open letter File No/46-F to 46-l).
 
The narrative currently unfolding on absentjustice.com needs to reach a wider audience. It is a vital story to share in the public interest, as it highlights the ongoing nature of such abuses.
 

 “Power corrupts, and absolute power corrupts absolutely.”

This timeless quote, articulated by Lord Acton in 1887, resonates deeply in situations where authority is unchecked.

Absent Justice - Violated Rights

 

Such is the case with Dr. Gordon Hughes, a lawyer and arbitrator entangled in the controversial COT arbitrations. When his reputation faced the looming threat of exposure by Laurie James, the then-President of the Institute of Arbitrators Australia, Dr. Hughes resorted to manipulative tactics to protect himself →Chapter 4 - The Seventh Damning Letter.

In a troubling display of influence, he enlisted the help of his wife, Mrs. Hughes, likely without her awareness of the situation’s gravity. She became an unwitting pawn in his strategy, intended to obstruct Mr. James from probing into my legitimate claims against her husband. This intervention not only reflected Dr. Hughes's disregard for transparency but also showcased the lengths to which he was willing to go to preserve his standing.

As the government officials and members of the judiciary became aware of the depths of Dr. Hughes’s actions, they chose, regrettably, to participate in this elaborate charade. Fearing the repercussions of exposing the truth, they acquiesced, fully aware that an investigation into Dr. Hughes's conduct would necessitate a broader examination of the arbitrations themselves—a complicated scenario they were keen to avoid. In so doing, they perpetuated a troubling cycle of complicity, all to shield a man whose power had led him down a path of moral decay.

The same pervasive moral decline that compelled six senators to articulate their positions in the Senate on March 9, 1999, continues to resonate. If those statements had been implemented for the collective benefit of all twenty-one COT Cases in the Senate  An Injustice to the remaining 16 Australian citizens—rather than restricting attention to only the five litmus test cases selectively chosen by a profoundly corrupt Liberal government, which has been widely criticized as the most inept administration in sixty years—I would not have found it necessary to create this comprehensive website or to publish my forthcoming second book. This upcoming work will substantiate my assertions, demonstrating that my claims have consistently held validity.

By hovering your mouse or cursor over the names of each senator listed below, you will discover that I am, in reality, far removed from the vexatious litigant that the government has endeavoured to depict.

Eggleston, Sen Alan – Bishop, Sen Mark – Boswell, Sen Ronald – Carr, Sen Kim – Schacht, Sen Chris, Alston  Sen Richard.   

 

Absent Justice - My Story Senator Alan Eggleston

On 23 March 1999, the Australian Financial. Review reported on the conclusion of the Senate estimates committee hearing into why Telstra withheld so many documents from the COT cases, noting: 

“A Senate working party delivered a damning report into the COT dispute. The report focused on the difficulties encountered by COT members as they sought to obtain documents from Telstra. The report found Telstra had deliberately withheld important network documents and/or provided them too late and forced members to proceed with arbitration without the necessary information,” Senator Eggleston said. “They have defied the Senate working party. Their conduct is to act as a law unto themselves.” 

On September 26, 1997, the Senate Committee hearing commenced, marking a significant moment that would lead to a thorough investigation into the troubling conduct that had unfolded during the COT arbitrations. At this pivotal gathering, John Pinnock, who had recently been appointed as the Telecommunications Industry Ombudsman, took the floor to address the Senate estimates committee. Pinnock had a controversial past, having previously allied himself with Dr. Hughes, particularly concerning a letter dated February 17, 1996, which he sent to Laurie James concerning my alleged involvement with Dr. Hughes’ wife. This correspondence and its implications raised serious questions about ethical conduct and conflicts of interest. Pinnock's remarks during this session can be found documented on page 99 of the official record titled "COMMONWEALTH OF AUSTRALIA - Parliament of Australia" and Prologue Evidence File No 22-D).

“In the process leading up to the development of the arbitration procedures – the claimants were told clearly that documents were to be made available to them under the FOI Act.

“Firstly, and perhaps most significantly, the arbitrator had no control over that process, because it was a process conducted entirely outside the ambit of the arbitration procedures.”

Between 18 October 1995 and 4 October 1997, I actively pursued the retrieval of Telstra's arbitration file to support my appeal process, receiving crucial assistance from Mr. John Wynack, who served as Director of Investigations for the Commonwealth Ombudsman. Utilising the provisions of the Freedom of Information (FOI) Act, I formally requested a copy of this file from Telstra, viewing it as essential evidence to strengthen my appeal against the arbitration award I received. 

The arbitrators had previously denied my request for a copy of a comparable file, which led my legal team at Law Partners Melbourne to believe that access to this documentation was vital for substantiating the grounds of my appeal. According to (Home Page File No/82), Mr. Wynack expressed scepticism regarding Telstra's assertion that the file had been destroyed, indicating that there may have been more to the situation than the company communicated.

In tandem with this effort, I also sought to obtain the same arbitration file from John Pinnock, the Telecommunications Industry Ombudsman (TIO). As the process administrator for my arbitration, the TIO was obligated under the arbitration agreement to receive all relevant documentation. Legally, he was required to retain these documents for a minimum of six years, extending through 2002, ensuring that vital records were accessible for future reference.

John Pinnock’s letter of 10 January 1996, in response to my request for these arbitration records, states:

“I refer to your letter of 31 December 1996 in which you seek to access to various correspondence held by the TIO concerning the Fast Track Arbitration Procedure. …

“I do not propose to provide you with copies of any documents held by this office.” (See Open Letter File No 57-C)

One does not have to be a genius to understand that had the arbitrator been provided AUSTEL’s Adverse Findings, his award on my financial business losses would have been substantially higher than he awarded.
 
Don't forget to hover your mouse or cursor over the images below. 
 
Books Written Concurrently - Absent Justice
 

Evidence File-1 and Evidence-File-2

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.

 

Absent Justice - My Story - Loretto College

 

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

Absent Justice - My Story

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.

 

Absent Justice - Deception Continues

 

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 & Pagenow 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.

 

Absent Justice - My Story

 

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.
 

 Absent Justice - TIO

 
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.

Absent Justice - Senator Kim Carr

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
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
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
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
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
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
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
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
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
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
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
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
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.

After several government agencies reached out to me, including the Telecommunications Industry Ombudsman, the Institute of Arbitrators and Mediators Australia, and the Consumer Affairs Committee (CAV), I found myself compelled to take action. These organisations, along with the ACCC, ASIC, ACMA, and the Department of Communications, Technology, and the Arts (DCITA), initially expressed interest in my concerns and agreed to investigate my claims. However, as time went on, I faced a disheartening reality. Many of these agencies, sometimes after delaying their responses for over a year to requests for additional evidence, ultimately decided to close their investigations.

This frustrating turn of events prompted me to gather and share the extensive evidence that I had meticulously documented on my website, absentjustice.com. As I pored over the details of my case, I felt a deep urgency and a sense of duty to shed light on the issues I faced. My relentless pursuit of justice now drives me to seek a transparent resolution, hoping to ensure that others do not encounter the same challenges I and the other COT cases have experienced.
 
Throughout this arduous journey, I received letters from the Australian Federal Police (AFP), who reached out on several occasions, acknowledging the depth of my claims; they did not brush aside my concerns as vexatious or frivolous. My quest involved obtaining vital documents from AUSTEL (now ACMA), which were promised to the four Cases of Telecom (COT) to substantiate our arbitration claims, contingent upon our abandonment of the commercial assessment process AUSTEL established in November 1993. This pivotal agreement, signed by Telstra and the four COT Cases between November 18 and 23, represented a significant commitment to address the issues we faced. Despite assurances, the promised documents never materialised, leading us to abandon the assessment process and sign the government-endorsed arbitration on April 21, 1994.
 
By December 2007, as the custodian of the Telstra documents I desperately sought, I was determined not to give up. I took the courageous step of appealing to the government-funded Administrative Appeals Tribunal, resolute in my mission to compel ACMA to release the information that obstructed my ability to present a compelling case to the arbitrator. I aimed to demonstrate that my telephone issues—first reported to Telstra in April 1988—were still unresolved after my arbitration in 1995. Although the arbitrator ultimately sided with Telstra, acknowledging in his award that my phone problems had been resolved by July 1994, I remained unwavering in my pursuit of truth, having raised my ongoing concerns with Dr. Gordon Hughes (the arbitrator) in December 1994.
 
On 3 October 2008, senior AAT member Mr G D Friedman considered these AAT hearings (No V2008/1836and, on 3 October 2008, stated to me in open court, in full view of two government ACMA lawyers.

“Let me just say, I don’t consider you, personally, to be frivolous or vexatious – far from it.

“I suppose all that remains for me to say, Mr Smith, is that you obviously are very tenacious and persistent in pursuing the – not this matter before me, but the whole – the whole question of what you see as a grave injustice, and I can only applaud people who have persistence and the determination to see things through when they believe it’s important enough.”

 

Absent Justice - My Story - Parliament House Canberra

 

On page 62 of Senate Hansard – Parliament of Australia, Mr. Barry O’Sullivan, who initially served as the arbitration claim advisor for the COT Case involving Ann Garms, Graham Schorer, and me, was endorsed by the three of us based on his impressive credentials and integrity. With a distinguished career as a Detective Sergeant in the Queensland Police Force, he exemplified the qualities we valued in our advisor. In 2000, Mr. O’Sullivan transitioned into politics, becoming a National Party Senator for Queensland. During a Senate Committee session, he provided testimony under oath regarding the three of us claimants, asserting that we three claimants:

“… had expressed identical concerns about accessing their documents. They had all suffered frustration with the FOI process to that point in time. This issue remained as one of the major stumbling blocks in their signing the arbitration document itself. We spent almost two hours with Mr Peter Bartlett  in a boardroom at Minter Ellison. The claimants very clearly articulated to him their serious concerns about whether they would be able to access the documents or be given sufficient documents to prepare their claim.

Mr Bartlett actually left the room and returned and reported to us that he had spoken to Dr Hughes and that he had been given an assurance by Dr Hughes that all documents requested by the claimants in the process of the preparation of their claims would be provided. All I can tell you from that date forward is that a combination of requests to the arbitrator and under freedom of information have failed in any way to allow the claimants, at least the ones that we have dealt with, to prepare their claim in a conventional man

 

The following twelve chapters, numbered from 1 to 12, are currently being developed for an upcoming documentary. Each chapter will be enriched with additional images that will help to illustrate and bring our story to life. I aim to complete the image editing process by mid-July 2025. Most of the chapters are already in their final edited form, ensuring a cohesive and compelling narrative.

 
Chapter 1
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
Chapter 2
Betrayal deceit disinformation duplicity falsehood fraud hypocrisy lying mendacity treachery and trickery. This sums up the COT government endorsed arbitrations.
Chapter 3
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
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
Chapter 5
Corruption is contagious and does not respect sectoral boundaries. Corruption involves duplicity and reduces levels of morality and trust.
Chapter 6
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
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
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
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
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
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
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.

 

Who We Are

 
Our investigation delves deeply into the unsettling intersection of government corruption and systemic gaslighting, with notable reference to figures like Julian Assange and other courageous whistleblowers. This narrative unveils a chilling saga marked by manipulation and systemic abuse of power, revealing how bribery and corruption, especially within Australia’s public sector, have systematically undermined the fundamental principles of fair and democratic arbitration. Compelling evidence emerges, exposing how tainted testimonies and misleading information have been leveraged in government arbitrations, consistently prioritising governmental interests over the rights and well-being of vulnerable citizens.
 

Learn More ⟶

Who We Are

 

Absent Justice Ebook

Read Alan’s new book
‘Absent Justice’

Whistleblowing 

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 essential 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.

Read About Our Dealings With

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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

Absent Justice - Unresolved Privacy Issues

A young man (a boy) with a Conscience.

Julian Assange provided a vital link for the COT cases, but we did not know this during our arbitrations.

A statutory declaration prepared by Graham Schorer (COT spokesperson) on 7 July 2011 was provided to the Victorian Attorney-General, Hon. Robert Clark. This statutory declaration discusses three young computer hackers who phoned Graham to warn him during the 1994 COT arbitrations. The hackers discovered that Telstra and others associated with our arbitrations acted unlawfully towards the COT group. Graham’s statutory declaration includes the following statements:

“After I signed the arbitration agreement on 21st April 1994 I received a phone call after business hours when I was working back late in the office. This call was to my unpublished direct number.

“The young man on the other end asked for me by name. When I had confirmed I was the named person, he stated that he and his two friends had gained internal access to Telstra’s records, internal emails, memos, faxes, etc. He stated that he did not like what they had uncovered. He suggested that I should talk to Frank Blount directly. He offered to give me his direct lines in the his [sic] Melbourne and Sydney offices …

“The caller tried to stress that it was Telstra’s conduct towards me and the other COT members that they were trying to bring to our attention.

“I queried whether he knew that Telstra had a Protective Services department, whose task was to maintain the security of the network. They laughed, and said that yes they did, as they were watching them (Telstra) looking for them (the hackers). …

“After this call, I spoke to Alan Smith about the matter. We agreed that while the offer was tempting we decided we should only obtain our arbitration documents through the designated process agreed to before we signed the agreement.” (See Hacking – Julian Assange File No/3)

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