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12 Alternate remedies pursued

Absent Justice - TIO

It will be apparent to the reader when viewing Chapter 1 - The first Remedy pursued to Chapter 12 - The twelfth remedy pursued that since my arbitration was prematurely brought to a sudden disallowing the arbitration technical consultants time needed to assess ALL of my legally submitted claim documents (see Chapter 1 - The collusion continues I have tried every possible legal option open to me in Australia to have my claims independently investigated, to no avail. 

This has left me with only one other alternative, to produce this website and write my second book My Story Warts & All.

It is true that most (maybe even all) of the COT Cases would have been able to walk away from their businesses with sadness if they had lost that business through fire, or flood, or any other of life's tragedies. But losing a business because the government appointed a spinless arbitrator, along with those other officials who like the arbitrator had no control as to how the arbitration process was conducted (see below) meant that the defendants, Telstra, and their lawyers, were free to ensure that the claimants could not fully prove their claims. Without documents, the claimants were sitting ducks in a very small pond.

Before reading the following story concerning the COT Cases government-endorsed arbitration administered by the Telecommunication Industry Ombudsman, we suggest you click on the following legal research paper https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2817646 where you will find there are others, not just the COT cases, who see loopholes in the justice given out by some of the Telecommunication Industry Ombudsman staff. In many cases, these appointed professionals who assisted the Telecommunication Industry Ombudsmen (the administrator of the COT arbitrations) have not even been lawyers. Yet, the Australian Establishment gave them the right to decide legal issues, which have – in many cases, as our COT story shows – ruined the lives of so many Australians (see An Injustice to the remaining 16 Australian citizens).

It is also important to note before I commence telling this story, that I  make it clear that the first four claimants, their lawyers, the Australian government, the government communications regulator and the administrator of the arbitration, were all advised, both verbally and in various documents, that the arbitrator hearing the first four cases was impartial. It has since been proven that he was NOT impartial (see Chapter 3 - Conflict of Interest) and neither was he a fully graded arbitrator. In fact, the Institute of Arbitrators Mediators Australia wrote to me on 10 April 2002 (see File 711 CAV Exhibits 701 to 756 confirming Dr Hughes was not a graded arbitrator for the whole period of my arbitration.

On 26 September 1997, after most of the arbitrations were concluded, and three months after the Senate had been told that we COT Cases had ‘to be stopped at all cost’ (see pages 36 and 38 Senate – Parliament of Australia) as well as having been shown evidence that Telstra’s lawyers had devised a spurious legal paper directing their client how to conceal technical data under Legal Professional Privilege even though it was NOT privileged  the second-appointed Telecommunication Industry Ombudsman, John Pinnock (the administrator of the COT arbitrations), advised a senate committee (see page 99 Senate Hansard – Parliament of Australia that:

“In the process leading up to the development of the arbitration procedures—and I was not a party to that, but I know enough about it to be able to say this—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.”

There is no amendment attached to any agreement, signed by the FIRST four -mentioned COT members (which included me), allowing the arbitrator to conduct those particular arbitrations entirely outside the ambit of the arbitration procedure – and neither was it stated that he would have no control over the process once we had signed those individual agreements. How can the arbitrator and TIO continue to hide under a confidentiality clause contained in our arbitration agreement when that agreement did not mention the claimants would be forced to proceed with their arbitrations without the necessary documents needed to support their claims or that the arbitrator would have no control because the arbitration would be conducted entirely outside of the agreed ambit of the procedures?

On page 62 in the same official Senate Hansard – Parliament of Australia, Mr Barry O’Sullivan who was the original arbitration claim advisor to COT Case Ann Garms, Graham Schorer and me advised a Senate Committee, under oath, 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 [TIO Legal Counsel] 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 [the arbitrator] 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 manner”

As has been further confirmed above on page 62 in Senate Hansard – Parliament of Australia, before I and the other three COT Cases signed for arbitration, Warwick Smith, Peter Bartlett and Dr Hughes all assured us the documents we required from Telstra would begin to flow through to us once our signatures were on the agreement.  The Arbitration Agreement was secretly altered just 36 hours before we were told if we did not sign this altered agreement, Telstra would walk away. The inference was we could not afford to take Telstra to court so we had better sign it, or suffer the consequences of a long court and expensive legal battle. We signed it under duress, after being told if we did not sign the attached media release that stated we were happy little COT Cass then the same scenario applied. Almost crying with frustration and anger at having reached this gate which was half-open and still we did not our promised documents 

Hacked - Julian Assange
Hacked - Julian Assange

Corrupt practices mixed with bribery and criminal exploitation causes fraud and crookedness which demoralize society. Misrepresentation coupled with jobbery is extortion payola. This is subterfuge and swindling, along with falsehood.

Spurious and Unscrupulous Conduct
Spurious and Unscrupulous Conduct
Corrupt practices mixed with bribery and criminal exploitation causes fraud and crookedness which demoralize society. Misrepresentation coupled with jobbery is extortion payola. This is subterfuge and swindling, along with falseho
Chapter 1 - The first Remedy pursued in November 1993
Chapter 1 - The first Remedy pursued in November 1993

Checkout our bribery and corruption part & part and learn how deception undermines the credibility of those businesses who have been subjected to criminal legal abuse.Corrupt practices mixed with bribery and criminal exploitation causes fraud<

Chapter 2 - The second remedy pursued (Recovered)
Chapter 2 - The second remedy pursued (Recovered)

Checkout our bribery and corruption part & part and learn how deception undermines the credibility of those businesses who have been subjected to criminal legal abuse. Corrupt practices mixed with bribery and criminal exploitation.

Chapter 3 - The third remedy pursued
Chapter 3 - The third remedy pursued

Checkout our bribery and corruption part & part and learn how deception undermines the credibility of those businesses who have been subjected to criminal legal abuse. Corrupt practices mixed with criminal exploitation causes fraud and cr

Chapter 4 - The fourth remedy pursued
Chapter 4 - The fourth remedy pursued

Corrupt practices mixed with bribery and criminal exploitation causes fraud and crookedness which demoralize society. Misrepresentation coupled with jobbery is extortion payola. This is subterfuge and swindling, along with fals

Chapter 5 - The fifth remedy pursued
Chapter 5 - The fifth remedy pursued
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. Bribery and Corruption is cancer that destroys economic growth.
Chapter 6 - The sixth remedy pursued
Chapter 6 - The sixth remedy pursued
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. Bribery and Corruption is cancer that destroys economic growth.
Chapter 7 - The seventh remedy pursued
Chapter 7 - The seventh remedy pursued
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. Bribery and Corruption is cancer that destroys economic growth.
Chapter 8 - The eighth remedy pursued
Chapter 8 - The eighth remedy pursued
Legal abuse, or legal bullying, happens when someone uses the law or legal threats to control and scare you. Using this type of corrupt and deceptive conduct is evil and unscrupulous
Chapter 9 - The ninth remedy pursued
Chapter 9 - The ninth remedy pursued
Legal abuse, or legal bullying, happens when someone uses the law or legal threats to control and scare you. Using this type of corrupt and deceptive conduct is evil and unscrupulous
Chapter 10 - The tenth remedy pursued
Chapter 10 - The tenth remedy pursued
Legal abuse, or legal bullying, happens when someone uses the law or legal threats to control and scare you. Using this type of corrupt and deceptive conduct is evil and unscrupulous
Chapter 11 - The eleventh remedy pursued - legal abused part 3
Chapter 11 - The eleventh remedy pursued - legal abused part 3

Checkout our website that shows evil wrongdoing of using false reports to the judge and arbitrator stopping you from getting legal advice.  Interfering with or destroying legal documents which belonged to you. Destroying your documents.

Chapter 12 - The twelfth remedy pursued
Chapter 12 - The twelfth remedy pursued
Absent Justice Ebook

Read Alan’s book
‘Absent Justice’

In Alan Smith’s book he shows us the twisting path of government arbitration,
the ways it can go wrong and how to make sure it doesn’t go wrong for you...

IT'S FREE!! 

All of the main events as quoted in this unbelievable true crime story are supported by copies of the original freedom of Information documents on Alan's website absentjustice.com

Without those documents, most people would really struggle to believe that public officials and their lawyers committed the illegal offences they did.

Using the acquired evidence that can be downloaded from absentjustice.com is possibly a world first.

ABSENT JUSTICE HAS IT ALL.

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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

“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

“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

“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

“All that is required for evil to triumph is for good men to do nothing”

– Edmund Burke