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Chapter Five - The fifth remedy pursued

Absent Justice - 12 Remedies Persued - 5


This remedy pursued ran parallel with the Australian Securities Investment Commission ASIC during the period in 1998 when they agreed to investigate 

After going through both Open Letter File No/41/Part-One and File No/41 Part-Two, it is evident that the exhibits and evidence attached to the report prove that if Paul Fletcher had investigated the evidence properly back in June 1996, most, if not all, of the issues that I have been trying to have studied since then, would have been resolved in 1996. It is crucial for anyone who reads our Open Letter File No/41/Part-One and File No/41 Part-Two to understand that although a copy of the report was sent to Paul Fletcher during the period he was an adviser to Senator Richard Alston, it was originally provided to him at his request as a public servant.

Furthermore, Senator Helen Coonan, Minister of Communications, also requested the same report during the period when Paul Fletcher was assisting her in 2006 to review the COT cases previous arbitration’s from 1994 to 1999. Open Letter File No/41/Part-One and File No/41 Part-Two were again provided to her.

During the time when The Hon Paul Fletcher was the Minister for Communications, Urban Infrastructure, Cities, and the Arts in the 2022 Morrison government, my Federal Member of Parliament, Dan Tehan, asked him to review both Open Letter File No/41/Part-One and File No/41 Part-Two, along with the attachment present on However, Paul Fletcher declined to investigate.

Mr Alan Cameron was supplied with force information concerning this report by the arbitration unit when he first began investigating my claims. ASIC aborted their investigations, unaware they had been duped by the arbitration unit, who had been secretly exonerated from all liability for their part played in the COT arbitrations.    

In September 1995, the Hon David Hawker MP and I discussed this with Senator Richard Alston (Shadow Minister for Communications) in Parliament House Canberra, who assured us he would have it addressed and asked me to provide further supporting material because the accompanying documents provided to him by the Hon David Hawker MP, suggested the whole arbitration process should put on hold until after an investigation into my claims had been provided to the government. 

 In March 1996, Senator Richard Alston became the new Minister for Communications in the John Howard government, and Mr Fletcher became the Senator's communications advisor. Had this report been investigated by Paul Fletcher and Senator Richard Alston in June 1996, these arbitration issues would have been validated 24 years ago. One must ask whether the appointment of Warwick Smith as Sports Minister in March 1996, who, as administrator to the first four COT arbitrations, had covertly used Telstra's arbitration agreement instead of an independent agreement which the government had been told would be used, did that unethical conduct by Warwick Smith prompt both Senator Richard Alston and Paul Fletcher into dropping their investigation when Warwick Smith became a minister in the John Howard Government?    

In August, both Warwick Smith as Sports Minister and Senator Richard Alston were treated by Telstra as one of Australia's sponsors to the 1996 Olympic Games in Atlanta. As soon as that happened, my correspondence to Senator Richard Alston regarding my claims that Telstra had perverted the course of justice on at least three occasions was not responded to in the vigour it once had been. 

Absent Justice - My Story

Hansard at (Senate Evidence File No 1-C) shows the Senate was concerned that a number of government ministers had taken kickbacks from Telstra and thus was a conflict of interest in regards to their ministerial roles. Were the Senate quiet on who they were discussing, the ramifications would have been significant if some ministers had not conducted their government affairs in an honourable way.

Questions raised during a Senate committee hearing

Senator ALLISON – Telstra was very reluctant to reveal the names of its other commercial customers that were sent to Atlanta. Why is this?

Senator – ALLISON – These customers are not, presumably, private individuals?

Senator – ALLISON – So they are in the position of being able to make decisions which could favour Telstra, that is what you are suggesting?

Senator – ALLISON – Are you familiar with Telstra’s employee code of conduct?

Senator – ALLISSON – So this is still a current code of practice? It would be familiar to those people who needed to know

Senator – ALLISON – It says, under ‘guidelines for expected behaviour — bribes, pay-offs or kick-backs': No bribes, pay-offs, kick-backs or other considerations will be paid or received directly or indirectly. In addition, such payments to domestic or foreign government officials to influence a decision or gain a benefit either directly or through a third party, are prohibited.

Senator – ALLISON – Would you like to give us a view about these trips to Atlanta and how they relate to expected behaviour in this sense?

Senator – ALLISON – With respect, a seat at the ballet is quite different from a $12,000.00 trip to the 

Would you like to give us a view about these trips to Atlanta and

Atlanta Games surely?

Senator – ALLISON – Are you suggesting that there is another code for corporate conduct?

Senator SCHACHT – So the invitations to people to go to Atlanta, whether they were politicians or corporate, were approved by the CEO.

Senator ALISSON – I just come back to this question of the sensitivity of your business customers. Since they represent corporations, and since Telstra is a corporation, why is the need for such secrecy? Why is it a sensitive matter?

In the circumstance of what has been said above in a number of statements made by various Senators concerning the documented kick-backs that a number of Senators stated was a disgrace.  By accepting a free for all $12,000.00 trip paid by Telstra, is a situation that, maybe part of the reason, if this named person was one of those mentioned who accepted this trip after having been part of my Telstra arbitration, an arbitration which failed to investigate one single ongoing telephone problem which was still affecting my business (as Telstra own records show) in November 2006 (see main Evidence File No/4) 11 years after my arbitration was set up to fix these problems.  If the Australian Government was to ask me for the name of the “named” person, I would certainly supply that name and other information which suggests this person knowingly misled numerous people in a statement he prepared on 12 May, 1995 concerning my arbitration, which he knew was not the truth by a long way.  I hope by mentioning this issue in our Senate link here on that someone in Government will be interested in researching back to this particular 27 February, 1998 Hansard and the false statement made by this person, as to whether this situation is part of the reason my valid claims have never been transparently investigated by the Government.

ASIC - was no different either. 

To support my claims that Anthony Hodgson Chairman of Ferrier Hodgson Corporate Advisory (FHCA) misled ASIC or his own company misled him regarding assessing less than 11% (eleven per cent) of my legally submitted claim, see the following points:

Point 1, There are discrepancies between the arbitrator’s and my version of the technical consultants’ report titled Resource Unit Technical Evaluation Report. Mr Alan Smith. CBHC. 30 April 1995. The second paragraph on page one consists of only one short sentence “It is complete and final as it is,” (see Arbitrator File No/27). However, the second paragraph on the equivalent page (page two) of the arbitrator’s report, also dated 30 April 1993 says:

“There is, however, an addendum which we may find it necessary to add during the next few weeks on billing, i.e. possible discrepancies in Smith’s Telecom bills.” (See Arbitrator File No/28)

Point 2, There is more information in the arbitrator’s version than there is in mine. The reference to my ongoing billing problems states extra weeks are required to complete the investigation. The arbitrator did NOT provide the extra weeks.

My page two of this report (see Open Letter File No/47-A to 47-D) shows no mention of my billing claim document in my version. However, page three in the arbitrator’s version notes:

“One issue in the Cape Bridgewater case remains open, and we shall attempt to resolve it in the next few weeks, namely Mr Smith’s complaints about billing problems.

“Otherwise, the Technician Report on Cape Bridgewater is complete.” (See Open Letter File No/47-A to 47-D)

How can two identical technical reports with the same 23 technical assessments, both dated 30 April 1995 and apparently both prepared by the same consultants, have one version noting that the “… case remains open, and we shall attempt to resolve it in the next few weeks”, while the other has no mention of it still being open and needing weeks to complete?

Both documents state: “A comprehensive log of Mr Smith’s complaints does not appear to exist.” It did exist, as we have shown. Had this comprehensive log of fault complaints been provided to the technical consultants to assess, they would have had to overrule the arbitrator’s decision not to allow them the extra weeks they had requested, in order to investigate my ongoing billing faults.

My claims to ASIC also raised concerns that my evidence showing the TF 200 telephone beer in the telephone report was fraudulently manufactured by Telstra (see Bad Bureaucrats - Tampering of Evidence) was not provided by FHCA to the arbitrator for assessment.

Garry Ellicott and Barry O’Sullivan (my claim advisors) had definitely submitted a very comprehensive list of fault complaints as part of my submission (see Arbitrator File No/31 & 32). One of those reports was a full chronology of events to assist with reading the comprehensive log of fault complaints. Were these documents lost on route to the arbitrators office via Australia Post or the very inadequate faxing system at Dr Hughes’ office (see exhibit G Schorer 717-G stat dec and letter to IAMA)? When I demanded an arbitration meeting to discuss these missing reports, my request was denied (see Arbitrator File No/48).

To be clear, a dated chronology of my 008/1800 billing issues was in existence before, during and after my arbitration. A comprehensive log of faults was submitted to the Federal government prior to my arbitration as well as during, but this record disappeared, leaving only 11% of my claim documents to be assessed. Neither Telstra nor AUSTEL could not allow my 008/1800 billing issues to be scrutinised and exposed. The implications of a systemic charging issue, which affected as many as 120,000 Australian households and businesses (see Chapter One Bad Bureaucrats)

My award was brought down on 11 May 1995. The very next day, the arbitrator wrote to the TIO and discussed one of the deficiencies in the agreement; the insufficient time frame allowed in the arbitration agreement for the “preparation of technical reports”. I had raised this very same issue with the arbitrator the previous week when I requested he give me more time to investigate the disappearance of my comprehensive log of complaints.

Why should my arbitration claim be penalized because of the inadequate handling of the arbitration material once it reached the arbitrator’s office?

Point 3, The next damning letter was from John Rundell (FHCA) the Arbitration Project Manager on 18 April 1995, advised the TIO, the arbitrator and the TIO counsel that:

“It is unfortunate that there have been forces at work collectively beyond our reasonable control that have delayed us in undertaking our work.” (see Prologue Evidence File No 22-A)

The four COT claimants Ann Garms, Maureen Gillan, Graham Schorer and (me) were never told about any of these so-called “forces at work” and nor were we ever warned that, under the nose of the TIO, the TIO’s legal advisor and the Arbitrator, these un-named “forces at work” were allowed to infiltrate and manipulate the arbitration process wherever and whenever they desired, but always with the aim of helping Telstra to defeat the COT claimants.

Point 4, When these three legal experts, (i.e. Dr Gordon Hughes, Warwick Smith and Peter Bartlett) allowed this very important letter of 18 April 1995 to be hidden from the four COT cases, those so-called ‘legal experts’ directly assisted those “forces at work” to carry out their intended disruption of all four of the COT cases’ arbitrations. If John Rundell had sent a copy of his letter to the four COT cases, as he should have, all four of us could have approached the Federal Government at once because, with Mr Rundell’s letter as evidence, we would certainly have had a very reasonable chance of being granted the rights to have all four processes reviewed and amended, at the very least.  And don’t forget, it was the Federal Government who had originally endorsed those first four Fast Track Arbitration Procedures.

By viewing exhibits Open Letter File No/41/Part-One and File No/41 Part-Two, as well as exhibits Open letter File No/45-A to 45-I and comparing them with Open letter File No/46-A to 46-L to Open Letter File No/47-A to 47-D, it will be clear my claims against the conduct of the arbitrator and FHCA are valid.

I also hoped ASIC, with its legislative powers, would order a quick assessment of the arbitrator’s written technical findings in his award, as well as compare Telstra’s arbitration defence. ASIC would have proved beyond all doubt that NONE of my Ericsson AXE and NEAT faulty testing equipment procedure was defended by Telstra, or commented on by the arbitrator. Lane Telecommunications (the TIO-appointed arbitration technical advisors investigated NONE of my Ericsson fault data. I can only presume Lane did not assess my Ericsson claims because Lane was already in the process of being purchased by Ericsson. ASIC was misled and deceived by Ferrier Hodgson Corporate Advisory as I had been during my arbitration.

Why then did Anthony Hodgson, the chair of Ferrier Hodgson Corporate Advisory (the arbitration financial resource unit), write to Alan Cameron, chair of the Australian Securities Commission (see Open letter File No/45-I), on 17 March 1998, advising that I was wrong: ALL of my claim documents were addressed during my arbitration when the above-aforementioned points and exhibits show they were not addressed at all. This statement by Mr Hodgson to ASIC was clearly misleading and deceptive conduct. If he wrote on advice he received within his own corporation, then his own company members and partners within profoundly misled and deceived him and when this possibility was brought to his attention and the attention of John Pinnock (the second TIO) the truth of the matter was not relayed back to ASIC.

Had the Australian Securities Commission not been misled and deceived in March 1998, less than three years after my arbitration concluded, and instead made a finding that my claims were justified, as the attached exhibits on show, then I could have challenged at least one of the sections in the arbitrator’s award, as 1998 was well within the statute of limitations time-frame allowed.

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My name is Alan Smith. This is the story of my battle with a telecommunications giant and the Australian Government. This battle 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. Nine publishers from all around the globe have published Absent Justice, which is now available for free in several languages.

Read about 'Mr Bates vs the Post Office' who took on the British government-owned Post Office,, who found similar irregular activities by public servants who tried to hide the truth surrounding the valid claims registered by Mr Bates and his Post Office friends who dared tackle the British owned Post Office. 


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“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

“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

“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

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

The Hon David Hawker MP

“…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

“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

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