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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.

Absent Justice -  Cape Bridgewater Holiday Camp and Residence

No phones - no business

As stated in the cover pages, my name is Alan Smith. This is the story of my battle with a telecommunications giant and the Australian Government, a battle that 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. 

My story started in 1987 when I decided my life at sea, where I had spent the previous 20 or so years, was over. I needed a new land-based occupation to see me through to my retirement years and beyond. Of all the places in the world I had visited, I chose to make Australia my home.

My business is hospitality, and I had always dreamed of running a school holiday camp. Imagine my delight when I saw the Cape Bridgewater Holiday Camp and Convention Centre advertised for sale in The Age. It was located in rural Victoria, near the small maritime port of Portland. Everything seemed perfect. I performed my “due diligence” to ensure that the business was sound; or at least, all of the due diligence I was aware I needed to perform. Who would have guessed that I had to check whether the phones worked? Within two to three weeks of taking over the business I knew I had a problem.

I received two to three written testimonials weekly from customers and suppliers that they had tried to telephone and couldn’t get through to me.These testimonials and ongoing telephone faults are now discussed in the government communications regulatory report (AUSTEL’s Adverse Findings, from points 2 to 212. An example of four of these official government findings is noted below in the points as they appear in Absentjustice-Introduction File 495 to 551) show AUSTEL’s adverse findings were provided to Telstra (the defendants) one month before Telstra and I signed our arbitration agreement. I did not get a copy of these same findings until 23 November 2007, 12 years after the conclusion of my arbitration 

Yes, that’s right. I had to wait twelve years after my arbitration to have access to a government report that had already proved my case. Yet, that same government agency gave that vital information to the defence to the detriment of my claim. If that was not bad enough, four months before that favouritism commenced, the man that was supposed to be independent of any bias Warwick Smith the administrator of my settlement proposal that was later turned into an arbitration process, had already secretly agreed to help the Telstra Corporation as the following document shows:

 

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 out our Bribery and Corruption Part 1 and Part 2 pages. Both pages expose deception, fraud, and maleficent conduct within the Australian government. This deception must be extinguished 

Chapter 2 - The second remedy pursued
Chapter 2 - The second 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.

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

Bribery and Corruption have many evil faces and ‘grey’ areas within Australia’s politically-corrupt government. Criminal wrongdoings interact with the private sector: the revolving door of deception.

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

Bribery and Corruption have many evil faces and ‘grey’ areas within Australia’s politically-corrupt government. Criminal wrongdoings interact with the private sector: the revolving door of deception. Corrupt practices.

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. My corruption and misleading and deceptive conduct evidence provided to Consumer Affairs Victoria was not acted upon.
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’

Alan Smith’s book shows us corruption, fraud and deception perpetrated against fellow Australian citizens by the then government owned Telstra Corporation and the use of an 'arbitration confidentiality gag clause,' which is still being used in 2022 to cover up the many crimes committed by Telstra during their arbitration defence of the COT Cases in 1994 to 1998.

This book is asking the government why are these crimes committed by Telstra being concealed under a gag clause?

THIS BOOK IS 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 (see Absent Justice Book 2)

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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“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

“…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

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

– Edmund Burke