My Story Warts & All
Read about our dealings with:
The lawyer-run adversary system used in Britain and its former colonies, including the US, India, Canada, New Zealand, and Australia does not try to find the truth. It is the only system which conceals evidence
Evan Whitten
Criminal Conduct Example 1
“COT Case Strategy”
The saga continues
Starting on page 5163, this link > SENATE official Hansard – Parliament of Australia, shows Telstra employees rorted millions upon millions of dollars from Telstra shareholders: i.e., the government and Australian citizens, who then owned Telstra. The pressure Senators Alston and Boswell applied, for a Senate investigation into the Casualties of Telstra (COT cases) phone fiascos, was one of the reasons Telstra agreed to settle the COT cases’ issues in a proposed Fast Track Settlement Proposal signed by Telstra and the four claimants in the third week of November 1993. Telstra, it seemed, could not afford a further investigation into its operation: NSW was not the only state where this rorting, and others, was taking place. Many people made threats against the COT cases because our persistence, in order to gain fully functional phone systems, was about to expose other unethical behaviour at Telstra, including at management level. The fact that both the Telstra CEO and board knew millions upon millions of dollars (again, see 5163 of SENATE official Hansard) were being unlawfully siphoned from the government coffers is unbelievable. In fact, figures running into the billions have also been quoted.
Furthermore, although it is astonishing, page 5163 of > SENATE Official Hansard – Parliament of Australia shows that, even before COT members and a number of senators applied pressure, both Telstra’s CEO and all the members of the Telstra board had already known, for some time, about the millions of dollars that Telstra was unlawfully withdrawing from government coffers. Perhaps even more unbelievable is that the COT cases received no recognition, from either the government or Telstra, for our stand for honesty and truth; instead, we have been treated in the worst possible way, labelled as vexatious litigants and our lives have been ruined, simply because we believed that what we were doing would eventually benefit all Australians.
"As requested I now attach the issues paper which we have prepared in relation to Telecom’s management of ‘COT’ cases and customer complaints of that kind. The paper has been prepared by us together with input from Duesburys, drawing on our experience with a number of ‘COT’ cases. . . ."
Back then, Mr Redlich was, in most people's eyes, one of the finest lawyers that Australia had ever known. He was also a stalwart within the Labor Party, a one-time friend of two Australian Prime Ministers (Gough Whitlam and Bob Hawke) and a long-time friend of Mark Dreyfus, Australia's current Attorney General so, who would be the slightest bit interested in listening to my perspective in comparison to someone so highly qualified and with such important friends?
And remember, the COT strategy was designed by Freehill Hollingdale & Page when Elizabeth Holsworthy (a partner at Freehill's) was also a member of the Telstra Board, along with Mr Redlich, and the whole aim of that ‘COT Case Strategy’ was stop us, the legitimate claimants against Telstra, from having any chance of winning our claims. Do you think that my claim would have even the tiniest chance of being heard under those circumstances?
While I am not condemning either Mr Redlich or Ms Holsworthy for any personal wrongdoing as Telstra Board members and, indeed, I don’t believe that either of them could have possibly condoned such a strategy, what I am asking is how any ordinary person could ever get past Telstra's powerful Board? After all, in comparison to these so-called highly qualified, revered Aussie citizens, I am just a one-time Ships’ Cook who purchased a holiday camp with a very unreliable phone service.
The fabricated BCI report (see Telstra’s Falsified BCI Report and BCI Telstra’s M.D.C Exhibits 1 to 46 is most relevant because it was provided by Telstra's arbitration defence lawyers to Ian Joblin a forensic psychologist who was assigned by Freehill Hollingdale & Page to assess my mental state during my arbitration. it is clearly linked to statements made in the following page 5169 SENATE official Hansard – Parliament of Australia concerning Telstra having adopted the Freehill Hollingdale & Page - COT Case Strategy during the COT arbitrations which had been spuriously prepared by Denise McBurnie of Freehill Hollingdale & Page.
What I did not know, when I first had to register my telephone problems in writing with Denise McBurnie before Telstra would investigate those faults is that this "COT Case Strategy" was a set up by Telstra and their lawyers to hide all proof that I truly did have ongoing telephone problems affecting the viability of my business.
This continual writing up of individual telephone faults, to these lawyers Freehill Hollingdale & Page, in order to have Telstra investigate them almost, sent me insane. Instead of keeping this fault evidence, I was providing it to Telstra believing this would assist them in locating the problems my business was experiencing.
I was unaware I would later need this evidence for an arbitration process. This arbitration process meant I had to retrieve back, from Telstra under Freedom of Information, the very same documentation I had previously provided this legal firm. Imagine the frustration of knowing that you had already provided the evidence supporting your case but it was now being withheld from you by Telstra and their lawyers.
If this wasn’t soul-destroying enough, imagine learning that lawyer, with who you were being forced to register your phone complaints, devised a legal paper titled “COT Case Strategy” (see Prologue Evidence File 1-A to 1-C). instructing their client Telstra (naming me and my business) on how Telstra could conceal this same type of technical information from me under the guise of Legal Professional Privilege even though the information was not privileged. (see also page 5169 SENATE official Hansard – Parliament of Australia.
It was not of Mr Joblin's hand
It bore no signature of the psychologist
As shown in government records, the government assured the COT Cases (see point 40 Prologue Evidence File No/2), Freehill Holingdale & Page would have no further involvement in the COT issues the same legal firm which when they provided Ian Joblin, clinical psychologist's witness statement to the arbitrator, it was only signed by Maurice Wayne Condon, of Freehill's. It bore no signature of the psychologist.
Did Maurice Wayne Condon remove or alter any reference to what Ian Joblin had originally written about me being of sound mind?
On 21 March 1997, twenty-two months after the conclusion of my arbitration, John Pinnock, (the second appointed administrator to my arbitration), wrote to Telstra's 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 [clinical psychologist’s].
2...were there any changes made to the Joblin statement originally sent to Dr Hughes [the arbitrator] compared to the signed statement?"
The fact that Telstra's lawyer Maurice Wayne Condon, of Freehill's, signed the witness statement as having attested to Ian Joblin's signature having been on the witness statements and report when it was not there at all shows how much power Telstra lawyers have over the legal system of arbitration in Australia.
What has shocked most people who have read several other witness statements submitted by Telstra in various other COT Cases arbitration processes, as well as mine, is that although the senate was advised that signatures had also been fudged or altered in my case, changing or altering a medically diagnosed condition to suggest I was mentally disturbed is hinging on more than just criminal conduct. for Maurice Wayne Condon to have attested to seeing a signature on an arbitration witness statement prepared by Ian Joblin, a clinical psychologist, when no signature by Ian Joblin was on this affirmation is further proof the COT story must be investigated.
Senator Bill O’Chee (was most concerned that John Pinnock had not provided me any response to his letter 21 March 1997, to Telstra’s Ted Benjamin). It was this no response that prompted Senator Bill O'Chee to write to Telstra's Graeme Ward, regulatory and external affairs (see File GS-CAV 293-B -GS-CAV Exhibit 258 to 323 on 26 June 1998 from , stating
“I note in your letter’s last page you suggest the matter of the alteration of documents attached to statutory declarations should be dealt with by the relevant arbitrator. I do not concur. I would be grateful if you could advise why these matters should not be referred to the relevant police."
There was no transparent outcome to this matter. What did occur from Senator O'Chee statement regarding Telstra stating it was up to the relevant arbitrator to deal with the unlawful conduct of altering statutory declarations is that when an investigation by the COTs concerning why Dr Gordon Hughes allowed this type of conduct to occur unchallenged is that he as a partner of another legal firm withheld vital Telstra documents from COT Case Graham Schorer when he was Dr Hughes client in a Federal Court Action against Telstra four years previous as Chapter 3 - Conflict of Interest shows,
It is now 2023, 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.
Criminal Conduct Example 2
Clicking on the Senate image below will bring up the youtube story of Ann Garms (now deceased), who was also named in the Senate as one of the five COT Cases who had to be 'stopped at all costs' from proving her case.The sabotage document Ann Garms discusses in the YouTube below that was withheld from her by the government-owned Telstra corporation costing more than a million dollars in arbitration and appeal costs is now disclosed here as File 1122 and 1123 - AS-CAV 1103 to 1132. It may be for the best that Ann appears not to have seen this Telstra FOI document before she died.
Stop the COT Cases at all cost
Worse, however, the day before the Senate committee uncovered this COT Case Strategy, they were also told under oath, on 24 June 1997 see:- pages 36 and 38 Senate - Parliament of Australia from an ex-Telstra employee turned -Whistle-blower, Lindsay White, that, while he was assessing the relevance of the technical information which had been requested by the COT claimants, he advised the Committee that:
Mr White "In the first induction - and I was one of the early ones, and probably the earliest in the Freehill's (Telstra’s Lawyers) area - there were five complaints. They were Garms, Gill and Smith, and Dawson and Schorer. My induction briefing was that we - we being Telecom - had to stop these people to stop the floodgates being opened."
Senator O’Chee then asked Mr White - "What, stop them reasonably or stop them at all costs - or what?"
Mr White responded by saying - "The words used to me in the early days were we had to stop these people at all costs".
Senator Schacht also asked Mr White - "Can you tell me who, at the induction briefing, said 'stopped at all costs" .
It is clear from Mr White's statement he identified me as one of the five COT claimants that Telstra had singled out to be ‘stopped at all costs’ from proving their my against Telstra’.It is clear from Mr White's statement he identified me as one of the five COT claimants that Telstra had singled out to be ‘stopped at all costs’ from proving their my against Telstra’. One of the named Peter's in this Senate Hansard who had advised Mr White we five COT Cases had to stopped at all costs is the same Peter who swore under oath, in his witness statement to the arbitrator that the testing at my business premises had met all of AUSTEL’s specifications, when it is clear from Telstra's Falsified SVT Report that the arbitration Service Verification Testing (SVT testing) conducted by this Peter did not meet all of the governments mandatory specifications.
Also in the above Senate Hansard on 24 June 1997: (refer to page 76 and 77 - Senate - Parliament of Australia Senator Kim Carr states to Telstra’s main arbitration defence Counsel (also a TIO Council Member) Re: Alan Smith:
Senator CARR – “In terms of the cases outstanding, do you still treat people the way that Mr Smith appears to have been treated? Mr Smith claims that, amongst documents returned to him after an FOI request, a discovery was a newspaper clipping reporting upon prosecution in the local magistrate’s court against him for assault. I just wonder what relevance that has. He makes the claim that a newspaper clipping relating to events in the Portland magistrate’s court was part of your files on him”. …
Senator SHACHT – “It does seem odd if someone is collecting files. … It seems that someone thinks that is a useful thing to keep in a file that maybe at some stage can be used against him”.
Senator CARR – “Mr Ward, [Telstra Senior Executive] we have been through this before in regard to the intelligence networks that Telstra has established. Do you use your internal intelligence networks in these CoT cases?”
The most alarming situation regarding the intelligence networks that Telstra has established in Australia is who within the Telstra Corporation has the correct expertise i.e. government clearance to be able to impartially filter the raw information collected before that information is catalogued for future use? How much inconfidence information concerning my telephone conversations I had with the former prime minister of Australia in April 1993 and again in April 1994 concerning my Red Communist China episode which I discussed with Fraser is held by Telstra officials?
More importantly, when Telstra was fully privatised in 2005, which organisation in Australia was given the charter to archive this very sensitive material which Telstra had been collecting about their customers for decades?
PLEASE NOTE:
At the time of my altercation referred to in the above 24 June 1997 Senate - Parliament of Australia my bankers had already lost patience and had sent the Sheriff to make sure I stayed on my knees. No punches were thrown by me during this altercation with the Sheriff who was about to remove catering equipment from my property, which I needed to keep trading. I actually placed a wrestling hold ‘Full Nelson’ on this man and walked him out of my office. All charges were dropped by the Magistrates Court on appeal when it became obvious there were two sides to this story.
Similar injustices were experienced by COT case Sandra Wolfe during her government-endorsed mediation process in 1997. These injustices included her having a warrant executed against her under the Queensland Mental Health Act (see pages 82 to 88, Introduction File No/9). Had interest parties had not acted in the manner they did, it is possible Sandra could have been lost in an institution for the insane. Addressing Telstra on this disturbing matter, Senator Schacht says:
“No, when the warrant was issued and the names of these employees were on it, you are telling us that it was coincidental that they were Telstra employees.” (p87)
Why has this Queensland Mental Heath warrant matter never been transparently investigated and a finding made by the government communications regulator?:
On 30 Setember 2022, Sandra Wolfe emailed to inform me that her Telstra FOI / Mental Health Act issues have still not been resolved.
Is this warrant issued under the Queensland Mental Health Act, against Sandra Wolfe, akin to the false information provided by Telstra to the clinical psychologist before he assessed my mental health? In my case, the consultation by this psychologist was not conducted in a private surrounding, but in the Richmond Henty Hotel’s saloon bar!.
- Were Telstra's arbitration technical consultants from April 1993 to April 1994 discussing my Red China saga (Refer to Chapter 7- Vietnam-Vietcong
- What was their interest in this matter ?
- Were they going to have me committed to a hospital for the insane?
These three above questions sound fanciful, but they are relevant to the statements recorded in Senate Hansard on 24 June 1997 page 76 and 77 - Senate - Parliament of Australia Senator(s) Kim Carr and Schacht asking Telstra "Do you use your internal intelligence networks in these CoT cases?”
Anyone reading the questions raised by the AFP in their 26 September 1994 transcripts (see Australian Federal Police Investigations-1) they would have learned from those transcripts that Telstra had been monitoring my movements for quiet some time.
