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Falsified with intent to deceive

Selling out the other side of politics—the money grubbers and career dogs, especially politicians—who have compromised their morals and the community's needs in pursuit of illicit personal gain is shaping Australia's legal process, but no one wants to admit it. 

Instances of foreign bribery, foreign corrupt practices, kleptocracy, foreign corruption programs, and international fraud against the government present significant challenges.

Regrettably, the corruption of federal public officials is prevalent, posing a threat to the integrity of our governmental bodies. The events surrounding the Australian government-endorsed Casualties of Telstra arbitrations prompt reflection. The conduct of specific public figures, notably politicians, who prioritize personal gain over ethical considerations and community welfare, exerts a discernible influence on the Australian arbitration and mediation system. This phenomenon warrants candid and comprehensive examination.

By clicking on Telstra’s Falsified BCI Report the reader will be able to form their own opinion as to wether the Cape Bridgewater BCI test were impracticable or could have been performed as Telstra alledged during and after their defence of my arbitration claims. The evidence which supports that report is attached as BCI Telstra’s M.D.C Exhibits 1 to 46. These exhibits confrim my claims are more than just valid.

Absent Justice - My Story

Although the following Federal Magistrates Court letter dated 3 December 2008, from Darren Lewis has been discussed in Absentjustice – Preface it was relevant to again discuss it here where Darren Lewis states:

“I was advised by Ms McCormick that the Federal Magistrates Court had only received on 5th December 2008 an affidavit prepared by Alan Smith dated 2 December 2008. PLEASE NOTE: I originally enclosed with Alan Smith’s affidavit in the (envelope) overnight mail the following documents:

  1. Two 29 page transparent s/comb bound report titled SVT & BCI – Federal Magistrates Court File No (P) MLG1229/2008 prepared by Alan Smith in support of my claims that I had inherited the ongoing telephone problems and faults when I purchased the Cape Bridgewater Holiday Camp
  2. Two s/comb transparent bound documents titled Exhibits 1 to 34
  3. Two s/comb transparent bound documents titled Exhibits 35 to 71 (the attached 71 Exhibits was enclosed in support of Alan Smith’s 29 page report);
  4. Three CD Disks which incorporated all of the submitted material.

“On learning from Ms McCormick that the information discussed above in points 1 to 4 had not been received by the Federal Magistrates Court I again had a stress attack seizure, a problem I have been suffering with for quite some time due to the predicament I now find myself in and the disbelief that once again my mail has been intercepted. I have attached herewith dated 3rd December 2008, a copy of the Australia Post overnight mail receipt docket numbers SV0750627 and SV0750626 confirming the total cost to send the above aforementioned information was $21.80. I am sure Australia Post would confirm that a large amount of documents would have been enclosed in these two envelopes when they left Portland.” (See My Story Evidence File 12-A to 12-B)

The Australian Post will not charge any postage fee for an overnight parcel unless they stamp and retain it. Since neither of these parcels arrived at their proper destination with all of the information originally enclosed, those documents must, therefore, have been ‘lost’ between the Portland Post Office and the Melbourne Magistrates Court.

As I have reported throughout this webpage numerous Telstra COT related arbitration documents (like those lost on route to the Federal Magistrates Court in December 2008) were also lost during 1994/95 on route to the arbitrator hearing my case.

As Darren’s letter shows, I helped him prepare his bankruptcy appeal against the Australian Taxation Office (for back taxes) using my own evidence that the Telstra Corporation, knowingly submitted two false and fundamentally flawed Cape Bridgewater reports to the arbitrator during my arbitration, to deliberately mislead the arbitrator into believing that there were no more ongoing phone problems affecting my business.

Absent Justice - Cape Bridgewater Bay  

Bankrupt in 2009

Darren Lewis was walked off the property by receivers, bankrupt, in August 2009.

After viewing the Cape Bridgewater Holiday Camp (SVT) CCAS data dated 29 September 1994 (see Arbitrator File No/110), Brian Hodge (B Tech, MBA, B.C. Telecommunications), on 27 July 2007, prepared a report. On page 22, he states:

“It is my opinion that the reports submitted to Austel on this testing program was [sic] flawed, erroneous, fictitious, fraudulent & fabricated, as it is clear that no such testing has taken place as Telstra’s own call charge system DOES NOT record any such activities. Therefore the results are flawed or did not occur.” (See Main Evidence File No 3)

Mr Hodges concluded Telstra fabricated their reports about the many ongoing telephone problems still affecting the holiday camp CAN as late as November 2006. Many of these problems were caused by moisture affecting both the copper-wire and optical fibre joints in the CAN. These problems were so bad that, in late 2006, Telstra actually had to disconnect the Cape Bridgewater Holiday Camp from the fibre network and return it back to the already-corroded copper-wire network (see Open Letter File No/23).

The fact that Sue Laver, Telstra's current Corporate Secretary will not acknowldge the truth surrounding the Cape Bridgewater Bell Canada International testing process suggest she along with the Telstra board are protected by a sheild that allows certain companies and their represenatives to operate outside of the rule of law in Australia. 

The fact that Telstra's once CEO Frank Blount was allowed to co-publish a book Managing in Australia (See File 122-i CAV Exhibit 92 to 127) which confirms Telstra did have a major 008/1800 problem and yet Telstra concealed their knowledge of this during my arbitration, shows that ordinary Australian citizens have no voice.  

It is also important I include here the following link dated 16 December 2021 > Telstra Energy must provide special protections for consumers ... which states in part:

The Essential Services Commission has granted Telstra Energy (Retail) Pty Ltd, a subsidiary of Telstra Corporation Limited, licences to sell gas and electricity to Victorian consumers.  

As a special condition of its licences, Telstra Energy will establish a specialist team to handle all enquiries and complaints for its Victorian energy customers. This will ensure that Telstra Energy customers in Victoria get dedicated support.

Commission chair Kate Symons said the commission will be keeping a close eye on Telstra Energy’s compliance in the energy sector. Telstra Group has an extensive history of non-compliance in the telecommunications sector and stakeholders expressed significant concerns about this during the consultation on the licence applications. 

The fact that on 16 December 2021, the Essential Services Commission Chair noted: "...Telstra Group has an extensive history of non-compliance in the telecommunications sector", supports my claims that Telstra and it's board have a poor track record when dealing with legitimate complaints.

I wonder what The Essential Servises Commissioner chair Kate Symons would make of Telstra's refusal to investigate my Telstra's Falsified BCI Report and Telstra's Falsified SVT Report

Absent Justice Ebook

Read Alan's book


Absent Justice - My Story - Senator Ron Boswell

Threats made and carried out.

Page 180 ERC&A, from the official Australian Senate Hansard, dated November 29 1994, reports Senator Ron Boswell asking Telstra's legal directorate why were my FOI documents being withheld from me during my arbitration:

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

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

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

As I have reiterated throughout this website, the threats against me during the arbitration proceedings came to fruition, and the withholding of pertinent documents is deeply concerning. Regrettably, neither the Telecommunications Industry Ombudsman nor the government has investigated the detrimental impact of this malpractice on my overall submission to the arbitrator. Despite assisting the Australian Federal Police (AFP) in their investigation into the illicit interception of phone conversations and arbitration-related faxes, they never came to my aid.

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“…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

“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

“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

“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

“…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

“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

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