Menu
My Bag

Your bag is currently empty.

Menu

An Injustice to the remaining 16 Australian citizens

Absent Justice - Senator Ron Boswell

Four months after the arbitrator prematurely brought down his findings on my matters, and fully aware I was denied all necessary documents to mount my case against Telecom/Telstra, an emotional Senator Ron Boswell discussed the injustices we four COT claimants (i.e., Ann Garms, Maureen Gillan, Graham Schorer and me) experienced prior and during our arbitrations. He stated:

“Eleven years after their first complaints to Telstra, where are they now? They are acknowledged as the motivators of Telecom’s customer complaint reforms. … But, as individuals, they have been beaten both emotionally and financially through an 11-year battle with Telstra. …

“Then followed the Federal Police investigation into Telecom’s monitoring of COT case services. The Federal Police also found there was a prima facie case to institute proceedings against Telecom but the DPP [Director of Public Prosecutions], in a terse advice, recommended against proceeding. …

“Once again, the only relief COT members received was to become the catalyst for Telecom to introduce a revised privacy and protection policy. Despite the strong evidence against Telecom, they still received no justice at all. …

“These COT members have been forced to go to the Commonwealth Ombudsman to force Telecom to comply with the law. Not only were they being denied all necessary documents to mount their case against Telecom, causing much delay, but they were denied access to documents that could have influenced them when negotiating the arbitration rules, and even in whether to enter arbitration at all. …

“Telecom has treated the Parliament with contempt. No government monopoly should be allowed to trample over the rights of individual Australians, such as has happened here.” (See Senate Hansard Evidence File No-1)

Thus, the government was officially informed of the above concerning an arbitration process it endorsed and should have immediately appointed a review of the whole sordid affair. It never did.

The trauma continues

Absent Justice - TIO

Why was this official advice not acted upon for the good of all the COT Cases? 

On 26 September 1997, Telecommunications Industry Ombudsman John Pinnock (the second-appointed administrator to the COT arbitrations formally addressed a Senate estimates committee stating:

“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.”

Why weren’t the arbitrations put on hold until the claimants received their promised documents? Why were the arbitrations not conducted under the agreed 'ambit of the arbitration procedures'? How can an arbitration be a just process when the arbitrator has no control over how it is conducted? When did Dr Hughes lose control over the arbitrations? Was it the first week, or two months or even nine months into the process? And, just as importantly, who authorised him to conduct the process entirely outside of the ambit of the arbitration procedures?

There is no amendment, attached to any agreement signed by the four COT members, allowing the arbitrator to conduct those particular arbitrations entirely outside the ambit of the arbitration procedure – and neither was it stated that the arbitrator would have no control over the process once we signed those individual agreements. How can the arbitrator and TIO continue to hide under the confidentiality clause contained in our arbitration agreement, when that agreement did not mention the arbitrator would have no control because the arbitration would be conducted entirely outside of the agreed ambit of the procedures?

This was the same arbitration agreement altered between 19 and 21 April 1994 after the COT Cases claimant's lawyers had accepted the unchanged arbitration agreement. Who authorised the altering of this agreement, aware that by doing so, it disallowed the COT Cases the right to appeal their awards using technical and financial reasons for that appeal? 

Had the lawyers of the COT cases been told that the arbitrator would not have any control over our arbitrations because they would be conducted entirely outside the ambit of agreed arbitration procedures, those legal advisors would have allowed us to sign the agreement.

Had these same lawyers been told clauses 25 and 26 from the agreement would be removed and clause 24 altered to protect the TIO legal counsel from me being sued for negligence, those legal advisors would have allowed us to sign the agreement.  Refer to Part 2 Chapter 5 Fraudulent conduct

It is clear from the "COT Cases Strategy" discussed in the following YouTube video that the first four COT Cases (which included me) would never receive their requested technical documents needed to prove our claims against Telstra fully.

MY YOUTUBE VIDEO 

 

Read about the corruption within the government bureaucracy that is plaguing COT arbitrations. Learn who committed these horrendous crimes that equally corrupted lawyers and crooked arbitrators who covered up these crimes.

Government Coruption.

Criminal Conduct Example 1

“COT Case Strategy” 

As shown on page 5169 in Australia's Government SENATE official Hansard – Parliament of Australia.Telstra's lawyers Freehill Hollingdale & Page devised a legal paper titled “COT Case Strategy” (see Prologue Evidence File 1-A to 1-C) instructing their client Telstra (naming me and three other businesses) on how Telstra could conceal technical information from us under the guise of Legal Professional Privilege even though the information was not privileged. 
This COT Case Strategy was to be used against me and my named business and the three other COT case members, Ann Garms, Maureen Gillan and Graham Schorer and their three named businesses. Simply put, we and our four businesses were targeted even before our arbitrations commenced. The Kangaroo Court was devised before the four COT Cases signed our arbitration agreements. 
It is paramount you understand the significance of page 5169 at point 29, 30, and 31 SENATE official Hansard – Parliament of Australia which note: 
29. Whether Telstra was active behind-the-scenes in preventing a proper investigation by the police is not known. What is known is that, at the time, Telstra had representatives of two law firms on its Board—Mr Peter Redlich, a Senior Partner in Holding Redlich, who had been appointed for 5 years from 2 December 1991 and Ms Elizabeth Nosworthy, a partner in Freehill Hollingdale & Page who had also been appointed for 5 years from 2 December 1991.  
One of the notes to and forming part of Telstra’s financial statements for the 1993- 94 financial year, indicates that during the year the two law firms supplied legal advice to Telstra totalling $2.7 million, an increase of almost 100 per cent over the previous year. Part of the advice from Freehill Hollingdale & Page was a strategy for "managing" the "Casualties of Telecom" (COT) cases.
30. The Freehill Hollingdale & Page strategy was set out in an issues paper of 11 pages, under cover of a letter dated 10 September 1993 to a Telstra Corporate Solicitor, Mr Ian Row from FH&P lawyer, Ms Denise McBurnie (see Prologue Evidence File 1-A to 1-C).  The letter, headed "COT case strategy" and marked "Confidential," stated:
"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. . . ."
31. The lawyer’s strategy was set out under four heads: "Profile of a ‘COT’ case" (based on the particulars of four businesses and their principals, named in the paper); "Problems and difficulties with ‘COT’ cases"; "Recommendations for the management of ‘COT’ cases; and "Referral of ‘COT’ cases to independent advisors and experts". The strategy was in essence that no-one should make any admissions and, lawyers should be involved in any dispute that may arise, from beginning to end. "There are numerous advantages to involving independent legal advisers and other experts at an early stage of a claim," wrote Ms McBride [sic]. Eleven purported advantages were listed.

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 was first threatened by Telstra in July 1993 and again by Denise McBurnie in September 1993, that if I did not register my telephone problems in writing with Denise McBurnie, then Telstra would NOT investigate my ongoing fault complaints is that this "COT Case Strategy" was a set up by Telstra and their lawyers to hide all proof that I genuinely 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 

Absent Justice - Forensic Psychologist Meeting

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 without the psychologist signing it 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.  

What has since shocked a number of Senators including Senator Joyce was the lawyer from Freehill Hollingdale & Page who signature was on the undigned witness statement was from the same lawfirm whose "COT Case Strategy" was a set up by Telstra and their lawyers to hide all relevant technical proof that the COT Cases truly did have ongoing telephone problems affecting the viability of their businesses

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 October 2022, 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 caption 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.  

Absent Justice - Australian Senate

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 Gamble 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?

legal-professional-privilege
legal-professional-privilege
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 the ground you walk on. Sheer Evil.<
Introduction to An Injustice to the remaining 16 Australian citizens
Introduction to An Injustice to the remaining 16 Australian citizens

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 the ground you walk on. Sheer Evil.<

Absent Justice Ebook

Read Alan's book

How can one publish a true account of what happened during various Australian Government-endorsed arbitrations without attaching exhibits to support the facts, as we have been forced to do due to the rampant corruption within the government bureaucracy? How can the author prove that government public servants fed privileged information to the then Australian Government-owned telecommunications carrier (the defendants) but also concealed the same documentation from the claimants, their fellow Australian citizens?

Additionally, how can one tell a story so unbelievable that even the author doubts the authenticity of what they are writing until they check their records before continuing with the story? How can one expose collusion between an arbitrator, various appointed government watchdogs (umpire), and the defendants? How can one also expose that the defendants in an arbitration process (the once government-owned telecommunications carrier) used equipment connected to their network to screen faxed material leaving your office? 

Moreover, how can one expose that the defendant's advisors stored the screened material without the author's knowledge or consent before redirecting it to its intended destination, where, in some cases, the more relevant information was never forwarded? The defendants (the Telstra Corporation) were using this screened material to benefit their arbitration defence to the detriment of the claimants.

Quote Icon

“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

“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

“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”

Sister Burke

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

Hon David Hawker

“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

Were you denied justice in arbitration?

Would you like your story told on absentjustice.com?
 Contact Us