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Chapter Six - The sixth remedy pursued

Absent Justice - 12 Remedies Persued - 6

This remedy pursued went from 1998 to 2001

(see also An injustice to the remaining 16 Australian citizens)

During 1998/99, the Major Fraud Group Victoria Police asked me to supply any evidence I had of Telstra committing fraud to support its defence during my 1994/95 arbitration. It was common knowledge in government circles that Telstra, indeed, used fraud in defence documents, as well as submitted false information to the Senate in September and October 1997, concerning this same fraud. As I did during my 1994 arbitration, when I assisted the Australia Federal Police during its investigation into Telstra’s unethical conduct towards me (see Senate Evidence File No 31), I agreed to assist the Victoria Police in their 1998 investigations into similar acts of misconduct towards fellow Australian citizens.

It is essential to raise the Victorian Major Fraud Group’s police involvement in the COT cases’ matters (as well as several parties associated with the Major Fraud Group), as it is linked to our An injustice to the remaining 16 Australian citizens page. I was not one of the four COT cases’ litmus group, who, through Sue Owens (barrister), lodged complaints against Telstra with the Major Fraud Group in 1999. I was seconded some months later as a witness. The litmus COT cases provided my evidence of Telstra committing fraud against me during my arbitration to the Senate estimates committee during their FOI investigations.

Despite this, the chair of the Senate estimates committee discarded my evidence (even though my records had proved it as factual. This bad advice On Notice to Senator Ron Boswell).

However, while the above was a significant issue that interested Mr Jepson, as did the falsified Bell Canada International Cape Bridgewater testing, the reason Mr Jepson seconded me as a witness to assist the Victoria Police. That investigation was conducted on behalf of Sue Owens Barrister (Melbourne) and her four clients, Ann Garms, Ralph Bova, Ross Plowman and Graham Schorer. 

Ms Owens alleged that Telstra had committed fraud against her four clients and had initially been relied upon the Bell Canada Internation BCI testing results conducted by BCI of several telephone exchanges that serviced the four COT Cases businesses. Those four COT Cases could not prove their claims where Sue Owens Barrister argued that I could but had not alleged fraud against Telstra for my reasons.

The Institute of Arbitrators Mediators Australia was already investigating my arbitration claims.

This statement or something similar prompted the Major Fraud Group to ask me to supply at the request of their barrister, Neil Jepson, even though it only supported my case.

 I was to find out later that the question that would be raised by the Major Fraud Group with the government communications regulator was: as Alan Smith had been able to prove that Belll Canada International Inc could not possibly travel to Cape Bridgewater and Portland to carry out their tests as their reporting and later advice to the Senate, there was a reasonable chance this false testing had happened to the four COT Cases now being investigated. 

It was on this note that I was seconded into the investigation because my evidence proved beyond all doubt that neither the Cape Bridgewater BCI tests nor Telstra's testing at the Cape Bridgewater Holiday Camp conducted ten months after BCI alleged tests could have been performed it was this evidence (see Telstra's Falsified BCI Report and Evidence - Telstra's Falsified SVT Report) that brought me into the investigation 

After I provided the contents of (see Telstra’s Falsified BCI Report to Neil Jepson, the Major Fraud Group asked me to assist them in compiling this evidence for their investigations. I did this over two separate visits to Melbourne spending two full days at the Major Fraud Group’s St. Kilda Road offices. This is important to the litmus tests cases issue because the Major Fraud Group was stunned at the evidence and how I was able to prove Telstra definitely perverted the course of justice, on two occasions, by submitting false evidence to Dr Hughes, the arbitrator appointed to my case.

Mr Jepson and I had a professional relationship during and after I had been seconded to assist the Major Fraud Group with their investigations. I had told him my father was awarded the British Imperial Service Medal by Queen Elizabeth II for his 35-year service to then the GPO/British Telecom: my father was head of the North West London fault centre. I spent many years, as a young lad, at this fault centre. I advised Telstra’s CEO Frank Blount in March 1994, before I signed for arbitration, that the contacts and family I still had in the UK had news that the Ericsson AXE telephone exchnage equipment being used in the UK and elsewhere was prone to suffer with lock-up problems after a call terminated. I also advised Robert Nason from Coopers & Lybrand, when he was auditing Telstra’s Cape Bridgewater and Portland network in the second week of October 1993 when he visited my businesses, that Telstra appeared to be the dumping ground for this inadequate Ericsson equipment. Mr Nason became a prominent Telstra executive and Foxtel executive until recently.

I explained to Mr Nason and his secretary Sue Hurley on 13 October 1993, and again in March 1994 to Mr Blount, that it appeared in my case, Portland and the unmanned RCM switching station at Cape Bridgewater, were suffering from more than the known lock-up Ericsson AXE Portland problem. My service was also suffering because of the inadequate testing equipment used in Cape Bridgewater and to make things worse, congestion was also a hurdle my business continued to suffer.

The ongoing inadequate testing regime by Telstra and the problems that inadequate testing process continued to cause my business was never investigated by the arbitration project manager or the arbitrator as this website shows. It was this fact that interested Mr Jepson and others in the Major Fraud Group.

In my case a secret draft government prepared report (see AUSTEL’s Adverse Findings, at points 10, 17, 18, 23, 37, 39, 40, 42, 44,46,47, 53, 56, 61, 62, 70, 75, 76, 79, 85, 86, 87, 89, 91, 92, 93, 98, 100, 101, 104, 105, 109, 110, 111, 112, 118, 115, 129, 130, 136, 144, 151, 153, 158, 170, 173, 186, 187, 188, 206, 207, 208, 209, 210, 211 and 212shows the government knew six weeks before my arbitration commenced that my claims had already been validated.

I finally received a copy of this draft report in November 2007, twelve years, to late to use in my arbitration. at point 211 and 212 respectively: 

“Telecom testing isolated and rectifies faults as they were found however significant faults were identified not by routine testing but rather by the persistent fault reporting of Smith”

"In view of the continuing nature of the fault reports and the level of testing undertaken by Telecom doubts are raised on the capability of the testing regime to locate the causes of faults being reported”.

During the Major Fraud Group investigation while working on the Telstra's Falsified BCI Report and Evidence - Telstra's Falsified SVT Report I also worked with Senior Sergeant Sommerville and Detective Sergeant Rod Kueris regarding Telstra's tampering of evidence after it let my business.  Telstra alleged someone in my office had split a residue in the TF200 telephone and claimed the phone was dirty when it arrived at Telstra's laboratories ten days after being collected (see Bad Bureaucrats - Tampering of Evidence).
Photos taken by Telstra of the TF200 after it left my premises showed the telephone was clean. After the Major Fraud Group investigated this issue, on their advice on 26 May 1999, I wrote to 

Dr Zygmunt Switkowski Chief Executive Officer Telstra Melbourne, Mr David Hoare Chairman of the Board Telstra Melbourne and Mr Tony Staley Chairman of the TIO Board Telecommunications Industry Ombudsman Limited Melbourne and copied it to Senior Sergeant Sommerville, Victoria police Major Fraud Group, Melbourne along with supplying the proof that Telstra had in deed relied upon fraud to support their arbitration defence of my claims  (see exhibits Open Letter File Nos/3637 and File No/38).

I have never received a response from the three addressees of that letter concerning this tampering with my phone after it left my office.

addresses these issues showing the arbitration project manager’s claims of me impersonating him could only have come from an incident I recount below, on 28 November 1995, after Telstra themselves uncovered that their first arbitration report, of 10 and 12 May 1994 and provided to the arbitrator, concerning my TF200 telephone locking up after each terminated call, was a false report. Apparently, Telstra discussed some issues I previously raised with Telstra Frank Blount in March 1994 (see above) when he telephoned me in Cape Bridgewater and we discussed a number of problems associated with these ongoing lock up problems.

During my period assisting the Major Fraud Group in 1999, I provided evidence showing that AUSTEL, the then communications regulator during my arbitration, allowed Telstra to address the significant part of my 008/1800 billing complaints on 16 October 1995 (FIVE MONTHS) after the conclusion of my arbitration, without allowing the arbitrator or me to make a response to the submission that submission (see Absent Justice Part 2 - Chapter 14 - Was it Legal or Illegal?  

The main issues regarding 008/1800 correspondence I raised with Mr Jepson was the arbitration project manager’s letter to the TIO admitting, on 13 February 1996, he advised my accountant, Derek Ryan, that he removed a large portion from the report on my financial losses by order of the arbitrator and would not discuss this matter until after my appeal period had expired. It infuriated Mr Neil Jepson and Mr Jock Somerville that a person who knows the truth would only discuss it once my appeal period expired: both commented words to the affect that this shows just how unethical this person really was. Just imagine had he the balls to disclose the truth during my appeal; period all this heart ache could have been over in 1995.

It was after I discussed this 15 November 1995 letter from John Rundell to John Pinnnock knowingly misleading him concerning the 008/1800 billing faults having been left open but he told Mr Pinnock the complete opposite this was where the Major Fraud group could start their investigation into my matters.

But the collusion did not stop there because, as Mr Jepson pointed out, if I had of been a suspect in the damaging of Mr Rundell’s property before December 1995, when Quest did the interview, my local Portland police station would have been contacted and I would have been asked to provide a written statement concerning where I was at the time this alleged damage took place. As I live a six-hour drive from Brighton, it would have been an easy exercise for local police to determine my whereabouts. This 13 February 1996 letter to John Pinnock (TIO) says:

“Mr Smith engaged a Private Investigator, who visited my home on 27 December 1995 with the intention of discussing matters associated with the Ferrier Hodgson report. I found such an intrusion into my privacy and house (and also the tape recording of our discussion without advice) highly inappropriate.

“As you may be aware I have contacted the Brighton CIB in relation to

1. damage to property at my home

2. the actions of Mr Smith impersonating me and pursuing me via the use of a private investigator.

“You should be aware that the Brighton CIB intend to interview Mr Smith in relation to criminal damage to my property, but regard the matter of his impersonating and tape recording and telephoning me at home a civil matters.”

This letter of 13 February 1996, is amongst the 8 damning letters discussed in  Prologue - Chapter 1 - The collusion continues, to  Prologue - Chapter 5 - The Eighth Damning Letter

I actually drafted the statements Absent Justice Part 2 - Chapter 13 - Believe it or not and Chapter 14 - Was it Legal or Illegal?  during the Major Fraud Group investigations he content of It was after readin the draft of the following information which Absent Justice Part 2 - Chapter 13 - Believe it or not.

Mr Jepson asked to see evidence supporting my claims that the 008/1800 billing faults were widespread and that it was raking in millions upon millions of dollars into government coffers. Then, I showed Mr Jepson some of the information on this website, which clearly shows hundreds of thousands of Telstra customers were wrong being billed for calls not connected, calls that did connect but did not sound the ringing tone as so on.

At the insistence of COT Case, Ann Garms and Graham Schorer, I raised my Ericsson AXE telephone exchange fault data in conjunction with Ann Garms's AXE evidence with the Major Fraud Group.

We did this because Ann Garms had previously raised the issue Telstra was still concealing their Ericsson telephone exchange evidence which I should have received. After all, I was not part of the Senate investigations demanding Telstra supply this Ericsson documentation as part of the Senate COT Cases investigations.

Ann and Graham informed the Major Fraud Group that, in my case, the arbitrator and Lane Telecommunications Pty Ltd (who had been the technical arbitration unit) had never investigated my Ericsson billing claim documents. The Major Fraud Group was shocked that one of the side effects of the Ericsson locking up faults was the incorrect charging for a service line that remained open for ninety seconds after each terminated call.

Telstra was reaping in money from using known faulty Ericsson AXE equipment. I provided this evidence to Paul Fletcher, Senators Richard Alaton's Cheif of staff, who is not Australia's 2022 current Minister for Communications in the Scott  Morrison government. 

Absent Justice - My Story - Loretto College

Historical Interest Only

This 24 October 1997 letter from John Pinnock, Telecommunications Industry Ombudsman (the second appointed administrator to the COT arbitrationsto) to Ms Pauline Moore, (secretary to the Senate Environment, Recreation, Communications and the Arts legislation committee) is important to add here in this Ericsson and Lane segment. This letter, stamped CONFIDENTIAL, includes the following statement:

“The COT Arbitration Procedures contain provisions relating to the confidentiality of the proceedings, which bind the parties. Those provisions also bind the Arbitrators, the Resource Unit, the Special Council and the TIO in my role as Administrator. ...

“Accordingly, I ask that the answers given below to the questions on notice be treated as confidential by the Committee and not be published. ...

“9.      Yes, from time to time I have received complaints from foundation COT members, concerning a range of matters, including alleged non-compliance with the rules of the Fast Track Arbitration Procedures by Telstra and/or the Arbitrator and/or the Technical and Accounting Resource Unit. ...

“10.    Yes, I have refused to provide COT members with a copy of Telstra’s Preferred Rules of Arbitration. A copy of this document was not provided because it was of historical interest only, and the COT members did not advance any argument as to why it was relevant to their arbitration.” (See Senate Evidence File No 14 letter from TIO to secretary of Senate admitting to withholing copies of Telstra's rules of arbitration from the claimants)

John Pinnock's insistence that the agreement was not provided to the COT claimants because: “it was of historical interest only, and the COT members did not advance any argument as to why it was relevant to their arbitration”, is a misrepresentation of the truth – to hide the fact that there were several reasons as to why this arbitration agreement was so imporatnt to the COT Cases during their pending appeal processes. 

Graham Schorer, as COT spokesperson, first asked for a copy of the Fast Track Proposed Rules of Arbitration some time before 17 February 1994, so the decision that it would be kept from the claimants was made at least a full two months before we signed the final version of the arbitration agreement. It was therefore entirely “relevant to their arbitration”. The COT claimants were legally entitled to know whether the arbitration agreement was drafted independently or if the defence crafted it, in their favour. 

The COT Cases also wanted to know when and why DMR Group Inc (Australia), the official appointed arbitration consultants who signed the same confidentality arbitration agreement, was no longer the technical consultants. Warwick Smith (the first administrator of our arbitrations) refused to tell the four COT Cases the date DMR Group (Australia) had pulled out of the process. Why did it take to March 1995 for Warwick Smith to inform us four COT Cases that Lane was now taking over when rumours had it in government circles that DMR Group (Australia) had resigned their commission in September 1994. 

Telstra’s Arbitration File, which the TIO was still refusing to supply us in October 1997 (See Senate Evidence File No/59), was the same arbitration file that John Wynack, director of investigations in the Commonwealth Ombudsman’s Office, was trying to access from Telstra on my behalf in October 1995 through to October 1997 (see Bribery and Corruption - Part 1). It is clear from the letters dated between October 1995 to October 1997 (two years) that John Wynack, director of investigations in the Commonwealth Ombudsman’s Office did not beleive Telstra had destroyed the arbitration file I had been seeking for so long

Would this arbitration file (had it been provided according to the FOI Act which John Wynack on behalf of the Commonwealth was using to access this information on my behalf exposed when Lane and Ericsson had entered into the arrangements they did when Lane agreed to be purchased?

How can the government who originally endorsed the first four arbitrations continue to ignore that we were entitled to receive Telstra’s arbitration file during our designated arbitration appeal process? Do not forget John Pinnock's letter to me, dated 10 January 1996, (when I advised him I was appealing my arbitration) he wrote: “I do not propose to provide you with copies of any documents held by this office,” (see Senate Evidence File No/50 TIO refuses to supply me arbitration documents in which to support my appeal

It also important to take into consideration the Senator Ron Boswells statement that:

“…Telstra are still withholding the most important network documents. Mr Wynack [Commonwealth Ombudsman Office] has said, `There is plausible evidence that Ericsson would have documentation’ and that he believes much of the documentation specified by Mrs Garms would have been created. Further, going to the core of the dispute of bad service,” 

Because that statement suggests that Senator Boswell believed along with John Wynack that Telstra was still concealing vital Ericsson telephone exchange equipment from the COT cases during an official Senate Committee hearing. 

This is the same Ericsson documentation that Ms Phillipa Smith (Commonwealth Ombudsman) and John Wynack Director at the Commonwealth Ombudsman Office had also tried to access from Telstra on my behalf during my arbitration without any success. 

On the Australian Government’s website for Foreign Trade it states: 

"The Australian Government has a zero tolerance approach to bribery and corruption. It is Austrade policy that: Austrade will not assist any individual or business to pay bribes to foreign public officials. Austrade will not assist any individual or business to make or arrange facilitation payments".

If the Australian Government are really unwavering in their support of ‘ethical business practices, and the prosecution of those who engage in illegal practices’, then why haven’t those Telstra employees who were involved in the government-endorsed COT arbitrations been prosecuted by the government in relation to the serious crimes they committed against other Australian citizens, as my evidence on shows?

I took this Ericsson AXE information to the government regulator AUSTEL, and on 9 June 1993, AUSTEL's John MacMahon wrote to Telstra regarding my continuing phone faults after the settlement, and the content of the briefcase documents: this letter states:

“Further, he claims that Telecom documents (found in the briefcase) contain network investigation findings which are distinctly different from the advice which Telecom has given to the customer concerned.

In summary, these allegations, if true, would suggest that, in the context of the settlement, Mr Smith was provided with a misleading description of the situation as the basis for making his decision. They would also suggest that the other complainants identified in the folders have knowingly been provided with inaccurate information

I ask for your urgent comments on these allegations. You are asked to immediately provide AUSTEL with a copy of all the documentation which was apparently inadvertently left at Mr Smith’s premises for his inspection. In light of Mr Smith’s claims of continuing service difficulties, I will be seeking to determine with you a mechanism which will allow an objective measurement of any such difficulties to be made”.(See Arbitrator File No 61)

When I exposed just how bad the Ericsson AXE telephone system was and that Telstra was also using faulty Ericsson AXE testing equipment, AUSTEL asked for further better particulars I provided. From this date onward, as shown throughout this website, I continued to help AUSTEL even to the extent one representative even drove six hours from Melbourne on 19 December 1995 to my business premises. This Ericsson fault was also causing billing faults due to lockup problems in that equipment. But Telstra also had another issue that AUSTEL and I worked on, and this was another billing problem in Telstra's 008/1800 software. The problem with these two faults was which was causing the incorrect billing to the customer account?.   

This two-fold Ericsson v Telstra software billing problem is discussed throughout our story.

call loss rate to AUSTEL (the then government communications regulator) AUSTEL (now ACMA) instigated an investigation into these Ericsson AXE exchange faults and uncovered some 120,000 COT-type complaints were being experienced around Australia. Exhibit (Introduction File No/8-A to 8-C), shows AUSTEL’s Chairman Robin Davey received a letter from Telstra’s Group General Manager, suggesting he alter that finding:

For example, at point 4 on page 3, Telstra writes:

“The Report, when commenting on the number of customers with Cot-type problems, refers to a research study undertaken by Telecom at Austel’s request.  The Report extrapolates from those results and infers that the number of customers so affected could be as high as 120,000.

When the COT Cases exposed the Ericsson AXE call loss rate from 15% to 50% as File 10-B Evidence File No/10-A to 10-f so clearly shows. AUSTEL (the then government communications regulator), then instigated an investigation into these AXE exchange faults and uncovered some 120,000 COT-type complaints were being experienced around Australia. Exhibit (Introduction File No/8-A to 8-C), shows AUSTEL's Chairman Robin Davey received a letter from Telstra's Group General Manager (who was also Telstra's main arbitration defence liaison officer), suggesting he alter that finding. As can be seen from the below segment those findings were altered to the detriment of those COT Cases in arbitration

For example, at point 4 on page 3, Telstra writes:

“The Report, when commenting on the number of customers with Cot-type problems, refers to a research study undertaken by Telecom at Austel’s request.  The Report extrapolates from those results and infers that the number of customers so affected could be as high as 120,000.

However, at point 2 on page 1 of Telstra’s letter 9 April 1994, Telstra writes:

“In relation to point 4, you have agreed to withdraw the reference in the Report to the potential existence of 120,000 COT-type customers and replace it with a reference to the potential existence of “some hundreds” of COT-type customers”.

The fact that on this occasion on 9 April 1994 Telstra (the defendants) were able to pressure AUSTEL the Government Regulator (now called ACMA) to change their original findings in the formal April 1994 COT Case report is alarming, to say the least. Worse, is that when AUSTEL released it into the public domain the report states AUSTEL only uncovered 50 or more COT-type complaints.

ACMA Australian Government

False Reporting  

For a the government regulator to reduce their findings from 120.000 COT type complaints to read just 50 or more COT-type customer complaints is one hell of a lie told to its citizens. Were the governments downplaying of the Ericsson AXE fault complaints part of the overall collusion which involved the purchasing of Lane Telecommunications Pty Ltd who often worked on government contracts? 

Because the faulty Ericsson AXE telephone equipment played such an important part in the COT Cases 1994 to 1999 arbitration procedure I have introduced it here along with the selling off of Lane Telecommunications Pty Ltd (the arbitration technical unit) to Ericsson the very corporation it had been commissioned to investigate. during the COT arbitrations.

How can an Australian company like Lane be sold off during an Australian government-endorsed arbitration to a Swedish International telecommunications company it is investigating? If this is not collusion and corruption of the worse possibly kind, then what is? 

Australia must be the only country in the Western world that allows a witness (Lane Telecommunications Ptd Ltd) was a witness to what the COT claimants and arbitrator had uncovered against Ericsson to be purchased by the very same company who were officially under investigation. This purchase bought the silence of Lane once the money was in the bank. The career politician again had closed their eyes to this collusion, regardless of how unethical all this had become with one aim in mind to ensure the COT Cases were "stopped at all costs" from proving their arbitration claims (See pages 36 and 38 Senate -Senate - Parliament of Australia). 

I believe the Australian government should answer the following questions: How long was Lane Telecommunications in contact with Ericsson, the major supplier of telecommunication equipment to Telstra before Ericsson purchased Lanes? Is there a link between Lane ignoring my Ericsson AXE claim documents and the purchase of Lane by Ericsson during the COT arbitration process? Is there a sinister link between the government communications media regulator ACMA denying me access to the Ericsson AXE documentation which I lawfully tried to gain access to during my two government Administrative Appeal Tribunal hearings in 2008 and 2011 (see Chapter 9 - The ninth remedy pursued and Chapter 12 - The twelfth remedy pursued?)

The latest 2019/2020 5G Ericsson partnership with Telstra is relevant to all Australian Telstra subscribers; however, it is also relevant that the same subscribers visit my website where you can see, yourself, that my claims against Telstra and Ericsson are valid.

Purchasing all of Lane Telecommunications' COT related arbitration files (during the COT arbitrations) was a most significant coup for both Telstra and Ericsson because all of the arbitration technical information Lane had acquired as a witness during the COT arbitrations which were stored in Lane's computer system as well as in hard copy records belonged to Ericsson once they owned Lane.

What the Australian government appears not to have considered when they allowed Lane to be sold off during our government endorsed arbitrations is that Lane had signed a Confidentiality Arbitration Agreement in which each of the COT claimants also signed agreeing under no circumstances, they would disclose to a third party any information they obtained during the COT arbitrations. And here Lane is the main arbitration witness allowed to sell that confidential acquired information to Ericsson, who Lane had been assigned to investigate.

it is on record, that when Lane together with Telstra and me visited the Portland Ericsson AXE telephone exchange and the Cape Bridgewater unmanned switching exchange on 6 April 1995 both Lane and Telstra would not allow me to view the Portland Ericsson AXE log book. It is most important I attach here the following link although dated 1996 all Ericsson exchanges had their own logbooks (see page 20 > It is also on record that the arbitrator would not access this logbook under the arbitration discovery process. Even the Commonwealth Ombudsman (during my arbitration) tried to acquire this same logbook using my FOI applications but was unsuccessful. 

How can AUSTEL (now the ACMA) continue to state that they are independent of Telstra and did not compromise my position? How can one side to an arbitration be allowed to secretly submit information to a government regulator and not the official  appointed arbitrator where the government regulator makes the finding and not the arbitrator? Why was I disallowed my legal right of reply to Telstra's 16 October 1995 submission? A submission which does not match the findings of Telstra's own CEO on pages 132 and 133 in his publication Managing in Australia (See File 122-i - CAV Exhibit 92 to 127) discussed below.

The following link Evidence - C A V Part 1, 2 and 3 -Chapter 4 - Fast Track Arbitration Procedure confirms Frank Blount, Telstra’s CEO, after leaving Telstra in he co-published a manuscript in 2000. entitled, Managing in Australia. On pages 132 and 133, the author exposes the problems Telstra were hiding from their 1800 customers:

Frank Blount's Managing Australia › managing-in-australia › fran can still be purchased online. 

It is important to introduce here the bribery and corruption issues the US Department of Justice raised against Ericsson on 19 December 2019:

One of Telstra's key partners in the building out of their 5G network in Australia is set to fork out over $1.4 billion after the US Department of Justice accused them of bribery and corruption on a massive scale and over a long period of time.

Sweden's telecoms giant Ericsson has agreed to pay more than $1.4 billion following an extensive investigation which saw the Telstra-linked Company 'admitting to a years-long campaign of corruption in five countries to solidify its grip on telecommunications business.((

The US Department of Justice has accused Ericsson of bribery and corruption. Ericsson is the same company whose telecommunication equipment was under investigation by the COT arbitrator. And, as for bribery in the case against Telstra, Senate Hansard dated 27 February 1998 shows Telstra paid kickbacks and bribes to a number of Australian politicians and government bureaucrats.

It is important we use the Ericsson link above as part of my ongoing attempt to have the Australian government impartially investigate my claims against Telstra and whether Ericsson should have been allowed to purchase Lane Telecommunications Pty Ltd during the period Lane was the official appointed arbitration technical consultant assigned to the COT arbitrator who himself had been assigned to value the COT cases claims against Telstra.

Australia must be the only country in the Western world that allows a witness (Lane Telecommunications was a witness to what the COT claimants and arbitrator had uncovered against Ericsson and their faulty installed telephone equipment during the COT arbitrations) to be purchased by the very same company under investigation by the arbitrator and Australian government refer  Senate Hansard dated 27 February 1998).

I believe the Australian government should answer the following questions: How long was Lane Telecommunications in contact with Ericsson, the major supplier of telecommunication equipment to Telstra before Ericsson purchased Lanes? Is there a link between Lanes ignoring my Ericsson AXE claim documents and the purchase of Lanes by Ericsson during the COT arbitration process? Is there a sinister link between the government communications media regulator ACMA denying me access to the Ericsson AXE documentation which I lawfully tried to gain access to during my two government Administrative Appeal Tribunal hearings in 2008 and 2011 (refer Chapter 11 - The eleventh remedy pursued and Chapter 12 - The twelfth remedy pursuedt?

The latest 2019/2020 5G Ericsson partnership with Telstra is relevant to all Australian Telstra subscribers; however, it is also relevant that the same subscribers visit my website where you can see, yourself, that my claims against Telstra and Ericsson are valid.

an  are discussed on our Absentjustice Preface page AFP Evidence File No 13. Members of the current government were provided with copies of these witness statements, without redactions. Sadly, the information in these two witness statements, to date, has not been acted upon.

8 & 10 August 2006 Witness Statements 

I ask you to consider two witness statements, dated 8 and 10 August 2006, referring to the 1999 and 2001 Major Fraud Group investigations: one statement was prepared by a government public servant/ex-police officer and the other by an ex very-senior Telstra protective officer (later promoted to the principal investigator). Both statements are discussed on our Absentjustice Preface page AFP Evidence File No 13. Members of the current government were provided with copies of these witness statements, without redactions. Sadly, the information in these two witness statements, to date, has not been acted upon.

The Telstra ex-senior protective service officer’s witness statement discusses a then still senior detective sergeant of the then Major Fraud Group, Victoria Police. The ex-police officer’s witness statement also describes the anguish experienced by the senior detective sergeant while he was investigating alleged fraud within Telstra during the COT arbitrations and the fears he had after being subjected to intimidation. Consider this: if this feeling of being got at by the Telstra Corporation can reduce a fully trained senior police officer to the condition Telstra’s ex-senior protective service officer alleged, just think how this continued and unaddressed harassment, by Telstra officials, left the COT cases during and after their government-endorsed arbitrations. NONE of us was ever offered any counselling or apologised to by the government, who still owned Telstra when this harassment commenced in 1992 (see Australian Federal Police Investigation File No/1) and continued well past the Major Fraud Group investigations of 1998 and 2001.

Exhibits CAV-AS 814, 815 and 816, which are attached to AS-CAV 790 to 818, show perfectly clear that the Department of Justice in the State of Victoria has declined to even begin an investigation into the evidence I have, which shows how Arbitration-and Supreme Court-related documents that were sent by fax during the COT Arbitrations (but which were definitely not sent to Telstra) were, however, intercepted via Telstra’s network during the time that Telstra was the defendant in all of the arbitrations that were connected to those intercepted faxes.

After the Federal Government put the Major Fraud Group under political pressure to abandon the four COT claims of fraud against Telstra, I met two senior Victorian police officers who apologised for what they realised was truly an ordeal for me: not only my failed arbitration but also the failed Victoria Police investigation. I was provided with a small A4 storage-box, taped shut. They advised me my four larger boxes of evidence would be couriered to my designated location. I asked if this small package could be included, as I preferred not to carry it away. The look in the eyes of the police officer in charge was stern and direct, “NO, you take this box with you now,” I didn’t argue!

It turned out that this box contained some startling documents I had not seen before, documents that would shock most Senators today, but which clearly indicated that their predecessors had allowed only five of the twenty-one legitimate COT claimants to have access to discovery documents and had also organised compensation for those five, compensation that ran into the millions upon millions of dollars in hush money, and all of that was accomplished so that the Telstra Corporation could be privatized.  Now, if I am wrong, and that is not the case, then why were the remaining sixteen COT claimants all denied access to any of the privileges that the five ‘litmus test cases’ had been granted, and why did a letter from the Senate Estimates Committee Chair advises the police that two In-camera Hansard records, dated 6 and 9 July 1998, must not be provided to anyone outside of the Major Fraud Group and, if someone did reveal them then that person risked being sentenced to jail?  Interestingly, the 9 July 1998 Hansard clearly states that to only award compensation to the ‘litmus test cases’ that were being investigated by the Senate Committee Working Party, and not to the other sixteen claimants, would be an injustice?

It might be hard to believe but, back in August 2001, and again in December 2004, the Australian Government threatened, in writing, to have me charged with contempt of the Senate if I was to ever disclose these in-camera Hansard records, even though those documents could well have won our cases if the COT claimants had appealed against the arbitration process? Where is the justice in that? Being charged with contempt of the Senate can result in a two-year jail term and, of course, the Government has always known that but, if I had been in a position to safely go ahead and make these documents public, they would have been a huge help, probably resulting in me winning my appeal against Telstra for gross misconduct.  So how can the Senate continue to hide this conduct and, in the process, destroy so many lives? How is this democratic?

To understand how and why this occurred, we need to go back to 1997, when the John Howard Coalition Government was in the throes of executing the first of its three steps towards the final privatisation of Telstra. Then, towards the middle of October 1998, the COT ‘litmus test’ cases were, eventually and slowly, beginning to receive some of the previously withheld documents they had legally requested. It then became apparent that the Howard Government was selling the Telstra Corporation, i.e. a government asset, which was in a much worse state than the Government Communications Regulator had claimed it was in (see Manipulating the Regulator. After some 150,000 previously withheld documents were finally delivered to the ‘litmus test’ cases (see An injustice to the remaining 16 Australian citizens) the picture that began to emerge clearly identified exactly how bad the Telstra copper-wire network was, certainly in many rural locations. It then seemed that this was the real reason for the Government’s decision to stop the remaining sixteen COT claimants from receiving the same privileges as those awarded to the ‘litmus test’ cases, which eventually took more than two years to assess. Could the Government afford to have the truth of Telstra’s dilapidated network exposed just as they were about to privatise the corporation? I think not.

I am convinced that when the Major Fraud Group ‘inadvertently’ provided me with copies of these Hansard records, they believed that those records would be instrumental in eventually creating justice for the remaining sixteen COT Cases. Our webpage An injustice to the remaining 16 Australian citizens shows however that this was never the case.

The government may believe the FOI litmus test for only five of the 21 COT cases is a government matter, however, note how discriminative this process has been – giving free technical advice to some COT cases concerning their FOI requests while refusing/failing to assist the other 16 COT cases who also suffered at the hands of Telstra.

As part of the assistance I provided to the Major Fraud Group during their investigations there were two separate occasions where I needed to stay in Melbourne for two days and two nights on (i.e. four days and four nights in total). I also worked in a motel facility in Queens Road Melbourne also working on my own matters for the Marod Fraud Group.  It was during that time in particular that I had the pleasure of working with a number of different officers some who I have named above.  I found all those officers to be helpful, cooperative and most professional in all their dealings with me. In fact, I discovered that I actually enjoyed the immense pressure I was under, as we worked together, analysing what we COT Cases had really been forced to endure in order to protect Telstra at all cost. (see 

After the Major Fraud Group had dropped the case against Telstra, there was a feeling of having betrayal. The fact that Ericsson of Sweden was allowed to purchase Lane Telecommunications Pty Ltd during the COT Cases arbitrations when Lane was investigating Ericsson's AXE telephone exchange equipment which Telstra was still using in their exchanges worldwide when other countries around the globe had removed that faulty equipment (see above) the very same equipment the COT Cases were complaining about.

Was it the enormity of this fraud against so many Australian citizens that the Australian government had the power to shut down a Victorian Police Major Fraud investigation? There is no mention in the prospectus that three years of Telstra profit margin had been due to incorrectly charging their customers.

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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?


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 (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 is possibly a world first.


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“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

“…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

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

– Edmund Burke