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Although I don't expect each and every visitor to this website to go through the entirety of the Home page due to its extensive chronology of events, the information attached to the images and at the base of the story will undoubtedly convince the reader of the story's authenticity. The incident could easily have happened to the reader or anyone they know if they ever had to go through an arbitration process in Australia. It is evident that the arbitration process conducted in Australia does not follow the principles of the rule of law, as Chapter 11 - The eleventh remedy pursued shows.

 

If you find my book "Absent Justice" and its supporting evidence compelling, I invite you to show your appreciation by directly donating to Transparency International Australia. While you may have noticed that there is no donate button on my website, this is because I am not seeking to profit from my story. Unfortunately, I had to sell my beloved holiday camp for its land value, which ended my lifelong dream of owning my mortgage-free venue. Nevertheless, at 80 years my only desire is to share the truth of my story, and that is where Transparency International comes in. Donating to this organization can help support their mission of creating a level playing field for all citizens, regardless of where they reside. So, if you believe in the importance of transparency and fairness, please consider making a donation today.

Obtain a complimentary e-book of "Absent Justice" from a reputable publishing company. Merely hover over the cover page below to acquire your copy.

Absent Justice Ebook Absent Justice is accessible with just one click!

If you require more evidence to clarify any specific matters discussed in "Absent Justice," click the Evidence Files Corruption in Arbitration link and follow the named mini-pages, i.e.,

Another way to verify the authenticity of our story is when only a number of an exhibit is shown in the text you are reading, for example, Absent Justice Book 2. You can access the numbered exhibits discussed in those twelve chapters by going to the following files and scrolling up and down the file until you reach the numbered exhibit you are looking for.

Example 1:  File AS 942; go to AS-CAV 923 to 946 and scroll down that file until you reach the hand-written number allocated in the text you are reading. 

Example 2 :  File 34-C; go to AS-CAV Exhibit 1 to 47 

AS-CAV Exhibit 1 to 47 – AS-CAV Exhibit 48-A to 91AS-CAV Exhibit 92 to 127AS-CAV Exhibit 128 to 180AS-CAV Exhibit 181 to 233AS CAV Exhibit 234 to 281AS-CAV Exhibit 282 to 323AS-CAV Exhibit 324-a to 420 AS-CAV Exhibit 421 to 469 – AS-CAV Exhibit 470 to 486AS-CAV Exhibit 488-a to 494-e –AS-CAV Exhibits 495 to 541AS-CAV Exhibits 542-a to 588AS-CAV Exhibits 589 to 647AS-CAV Exhibits 648-a to 700 – AS-CAV Exhibit 765-A to 789 AS-CAV Exhibit 790 to 818AS-CAV Exhibit 819 to 843AS-CAV 923 to 946 – AS-CAV Exhibit 1150 to 1169AS-CAV 1103 to 1132AS-CAV Exhibit 1002 to 1019AS-CAV Exhibit 996 to 1001 – GS-CAV Exhibit 1 to 88 GS-CAV Exhibit 89 to 154-bGS-CAV Exhibit 155 to 215GS-CAV Exhibit 216 to 257GS-CAV Exhibit 258 to 323GS-CAV Exhibit 410-a to 447GS-CAV Exhibit 448 to 458 GS-CAV Exhibit 459 to 489GS-CAV Exhibit 490 to 521 GS-CAV 522 to 580GS-CAV Exhibit 581 to 609

© 2017 Absent Justice

 

Absent Justice - Renowned Australian Author

The lawyer-run adversary system used in Britain and its former colonies, including the US, India, Canada, New Zealand, and Australia does not try to find the truth. It is the only system which conceals evidence 

 Evan Whitten

Absent Justice - Hon Malcolm Fraser

In 1994/95, I went through arbitration proceedings. During that time, I shared with the Australian Federal Police a collection of newspaper articles that featured two separate telephone conversations with The Hon. Malcolm Fraser, who had previously served as the Prime Minister of Australia. Page 12 of the transcripts from my interview with the AFP's Australian Federal Police Investigation File No/1 reveals that the AFP and I discussed my conversation and correspondence on September 18, 1967, after my return from China.

“FORMER prime minister Malcolm Fraser yesterday demanded Telecom explain why his name appears in a restricted internal memo.

“Mr Fraser’s request follows the release of a damning government report this week which criticised Telecom for recording conversations without customer permission.

“Mr Fraser said Mr Alan Smith, of the Cape Bridgewater Holiday Camp near Portland, phoned him early last year seeking advice on a long-running dispute with Telecom which Mr Fraser could not help. (See Senate Evidence File No/53)

I'm curious to know why someone at Telstra Corporation needed to document my phone call with former Prime Minister Malcolm Fraser.

 

Absent Justice - The Peoples Republic of China

 

My China story is an essential part of my COT story. It is a story of Telstra gaining access to my phone conversations and using this information to threaten me. Even after my wife left the holiday camp, the China Flashbacks continued throughout my arbitration to haunt me. 

Back in 1967, when I returned from China, I was interviewed by a journalist in Sydney. The journalist advised me that my story had been blocked and that I would be a marked man by supporters of Bob Menzies, Australia's prime minister at the time, who was known for his hatred of the communist Seamans Union of Australia. The downloaded evidence files show the extent of the injustice I faced through this ordeal. I had no option but to include my China story in my COT story to provide a comprehensive picture of the many unlawful happenings against me and other COT cases. The many threats, lies, and mistreatment I faced were unacceptable. I hope my story will warn others who may think arbitration is their answer to an expensive court case.

As a concerned citizen, I had previously alerted the then-Minister of the Army, Malcolm Fraser, about China's redeployment of Australian wheat to North Vietnam in 1967. The wheat was used to feed North Vietnamese soldiers who were at war with Australia, New Zealand, and the USA. However, despite my warning, Australia continued to sell wheat to China, as shown in Chapter 7- Vietnam-Vietcong.

Australia knowingly sold wheat to China, aware China was redeploying it to North Vietnam while North Vietnam soldiers were killing and maiming Australian, New Zealand and USA troops fighting in North Vietnam. I ask every visitor to this website to read footnotes 82 to 89 of the paper FOOD AND TRADE IN LATE MAOIST CHINA, 1960-1978, prepared by Tianxiao Zhu. ​​

 MS Hopepeak - Absent JusticeIn September 1967, a group of British merchant seamen quit their ship, the Hope Peak, in Sydney and flew back to London. They told the press in London that they quit the job because of the humiliating experiences to which they were subjected while in Chinese ports. They also claimed that grain shipped from Australia to China was being sent straight on to North Vietnam. One of them said, “I have watched grain going off our ship on conveyor belts and straight into bags stamped North Vietnam. Our ship was being used to take grain from Australia to feed the North Vietnamese. It’s disgusting.” 83 (my emphasis). The Minister of Trade and Industry received an inquiry about the truth of the story in Parliament, to which the Minister pointed out that when they left Australia, the seamen only told the Australian press that they suffered such intolerable maltreatment in various Chinese ports that they were fearful about going back. But after they arrived in London, Vietnam was added to their story. Thus the Minister claimed that he did not know the facts and did not want to challenge this story, but it seemed to him that their claims about Vietnam seemed to be an “afterthought.”84
The reason why China became a big market for Australia partially resulted from the competition with the Americans in the world market because of the P. L. 480 plans. Since the U.S. was still on a full embargo with China in the 1960s, Australia had to grab the opportunity. What upset many ordinary Australians in the wheat deals was that the price of wheat sold to China was low, at least lower than the price paid to Australian growers. In April 1965, a resident in Western Australia wrote to the Parliament, saying that “I was surprised to learn recently that a large sale of wheat had been made to communist China at a price of 13/7 per bushel. I understand that the guaranteed price to the farmer is 1/- per bushel above this price and that the Commonwealth Government (ourselves) needed to find an amount of £4,000,000 to make up the difference...We have apparently reached the stage where we are prepared to supply cheap wheat to strengthen an enemy who has sworn to destroy us.”  89  

 

The following three statements taken from a report prepared by Australia's Kim Beasly MP on 4 September 1965 (father of Australia's former Minister of Defence Kim Beasly) only tell part of this tragic episode concerning what I wanted to convey to Malcolm Fraser, former Prime Minister of Australia when I telephoned him in April 1993 and again in April 1994 concerning Australia's wheat deals which I originally wrote to him about on 18 September 1967 as Minister for the Army.

Vol. 87 No. 4462 (4 Sep 1965) - National Library of Australia https://nla.gov.au › nla.obj-702601569 

"The Department of External Affairs has recently published an "Information Handbook entitled "Studies on Vietnam".  It established the fact that the Vietcong are equipped with Chinese arms and ammunition"

If it is right to ask Australian youth to risk everything in Vietnam it is wrong to supply their enemies. The Communists in Asia will kill anyone who stands in their path, but at least they have a path."

Australian trade commssioners do not so readily see that our Chinese trade in war materials finances our own distruction. NDr do they see so clearly that the wheat trade does the same thing."     

The underlying inquiry is to ascertain the government's rationale for deliberately deceiving the general public and jeopardising the country's troops whose lives were being lost in the conflict in North Vietnam.  Murdered for Mao: The killings China 'forgot'

Until the late 1990s, the Australian government wholly owned Australia’s telephone network and the communications carrier, Telecom (today privatised and called Telstra). Telecom held the monopoly on communications and let the network deteriorate into disrepair. When four small business owners had severe communication problems, they went into arbitration with Telstra. The arbitrations were a sham: the appointed arbitrator not only allowed Telstra to minimise the casualties of Telstra (COT) members’ claims and losses but also bowed down to Telstra and let the carrier run the arbitrations. Telstra committed serious crimes during the arbitrations, yet the Australian government and the Australian Federal Police have not held Telstra, or the other entities involved in this deceit, accountable. 

My name is Alan Smith, and I have been fighting against a telecommunications giant and the Australian Government since February 1988. My battle has spanned various government departments, regulatory bodies, the judiciary, and the Australian telecommunications giant Telstra (formerly known as Telecom). Despite all of the challenges I have faced, I have remained steadfast in my quest for justice. After reading my story and watching the videos on this website, you will be moved to support me in producing a documentary that exposes the truth. This documentary will shed light on how financial professionals, forensic accountants, and high-ranking lawyers turned arbitrators were swayed into committing criminal acts or allowed such acts to be perpetrated against a group of small business operators.

Please join me and the other Telstra casualties in our fight for justice. Together, we can produce a powerful documentary that exposes the truth and hold those responsible for their actions accountable. I can be contacted by leaving a message on → Contact - Government Corruption.

To truly drive my point home, I highly recommend you Click here to watch the Australian television Channel 7  link: https://youtu.be/MyhjuR5g1Mc and  http://rb.gy/8399e3 Mr Bates vs the Post Office. This powerful story highlights the immense influence that the government can wield in such processes and how their wrongful decisions can be swept under the rug, with citizens being unfairly portrayed as villains. If you want to delve deeper into the topic of the stories about the casualties of Telstra, then all you need to do is click on the various exhibits being uploaded daily.

 

Absent Justice - My Story - Parliament House Canberra

 

As a senior advisor to the Australian government, independent politician Andrew Wilkie stood up against the misinformation being spread by the John Howard Australian government about weapons of mass destruction in Iraq. He strongly believed Australia should not go to war based on mere hearsay. Despite this, Australia went ahead with the invasion of Iraq without any concrete evidence of the alleged weapons of mass destruction. https://shorturl.at/bctGK

Andrew Wilkie took a bold step and left his position in government to prove that the claims were false. Since then, he has served the people of Australia with great dedication as an independent politician in Hobart, Tasmania, far surpassing his potential as a government bureaucrat. Andrew Wilkie's unwavering commitment to truth and justice is a remarkable example of how one person can make a difference and inspire others to do the same.

It is important to note that the Australian Liberal National Party government was willing to go to war in Iraq based on false information, regardless of the consequences. The government chose to ignore the fact that there was no evidence of weapons of mass destruction and initiated a war that resulted in the loss of countless lives. If you keep reading my story, you will see that back in the 1960s, the same Liberal-Country Party government was willing to sell wheat to communist China despite knowing that China was sending some of this wheat to North Vietnam. This occurred while Australian, New Zealand, and USA soldiers were fighting and dying in the jungles of Vietnam Chapter 7- Vietnam - Vietcong

The government's priority was not the welfare of its citizens but rather its own interests. The conduct of the Liberal-National Party government in these two examples shows a lack of honesty and integrity towards its citizens. I have used these shocking incidents in my story to illustrate how unethical some public servants of the Liberal National Party can be when dealing with ordinary Australian citizens. This type of behaviour has left sixteen casualties of Telstra in a state of limbo for more than two decades, as the stories of the casualties of Telstra demonstrate COT cases that have suffered significant injustice An Injustice to the remaining 16 Australian citizens.

Our tireless efforts to expose their actions have revealed that the government has broken its commitment to us. We were promised a resolution for our unresolved non-supply of FOI documents, similar to the five litmus test cases once validated by the Senate—which did happen. This validates our statements and holds the government accountable for its negligence.

During a visit to my business, Telstra officials left an open briefcase on my premises. Was this done intentionally? Were Telstra technicians hoping for me to uncover the true extent of the appalling Telstra telecommunications network? The Australian Communications and Media Authority (ACMA), known as AUSTEL, saw the briefcase's contents and confirmed that my claims were validThey praised my persistence in achieving a reliable telephone service for the whole region of my holiday camp in Portland, South West Victoria Manipulating the Regulator.

I have irrefutable evidence that points 2 to 212 in AUSTEL’s Adverse Findings were deliberately withheld from the arbitration process, confirming that the government validated my claims. It baffles me why the government allowed me to spend over $300,000 in arbitration fees for thirteen months to prove something they had already validated in March 1994, just six weeks before my arbitration commenced.  

The government and media lauded me and the other three COT Cases (two of whom have since passed away, and one of whom has dementia) for our dedication and hard work. We agreed to cease our campaign for the Senate to investigate the matter in exchange for the government's promise to ensure that Telstra would address ongoing telephone problems as part of a government-endorsed arbitration process. The government must uphold its end of the bargain and address the issues the remaining sixteen COT cases face.

The Australian government's endorsement of an arbitration process should have solved the ongoing telephone problems experienced by the COT Cases. Sadly, the government's written assurance that the specialized service verification testing during the arbitration would solve the problem was not fulfilled. Despite their best efforts, the COT cases were left with no resolution, and it is a tragedy that the government-endorsed process failed to address their ongoing telephone issues.

The COT Cases' struggle is not just a story; it's a reality that resulted in the bankruptcy of many businesses, including mine. It's an injustice that the new owners, Jenny and Daren Lewis, had to face after investing all their life savings in the company I sold them for land value. The federal court ordered them off the property, and their bankruptcy was the final blow. Chapter 4 The New Owners Tell Their Story

My story is not unique. It's one of twenty-one stories on absentjustice.com that show how government officials failed to help the COT Cases. The Senate reviewed five cases to determine if the government's actions were justified, with the remaining sixteen COT Cases left without a resolution. It's not too late for the government to make things right for all twenty-one COT Cases and show that they care about justice for all Australians.

 

 

 

The actions of the Liberal-National Party government have demonstrated their dishonesty towards its citizens in the two examples I have shown regarding China and Iraq. I have used this appalling, unimaginable conduct in my story to show how unethical some of the Liberal National Party government public servants are when it comes to dealing with ordinary Australian citizens. This type of conduct has left sixteen casualties of Telstra in limbo for more than two decades, as the stories of the casualties of Telstra show COT cases that have suffered much injustice to the remaining 16 Australian citizens.  

The government and media lauded me and the other three COT Cases (two of whom have since passed away, and one of whom has dementia) for our dedication and hard work. We agreed to cease our campaign for the Senate to investigate the matter in exchange for the government's promise to ensure that Telstra would address ongoing telephone problems as part of a government-endorsed arbitration process. The government must uphold its end of the bargain and address the issues the remaining sixteen COT cases face.

The Australian government's endorsement of an arbitration process should have solved the ongoing telephone problems experienced by the COT Cases. Sadly, the government's written assurance that the specialized service verification testing during the arbitration would solve the problem was not fulfilled. Despite their best efforts, the COT cases were left with no resolution, and it is a tragedy that the government-endorsed process failed to address their ongoing telephone issues.

This self-interest by the Liberal National Party Government became more of the same in September 1995, when I and the Hon David Hawker MP gave evidence to Senator Richard Alston in his office at Canberra Parliament House. Senator Alston requested that I provide further evidence confirming that the Cape Bridgewater Bell Canada International Testing process conducted at the Portland and Cape Bridgewater telephone exchange was significantly deficient (Refer to Telstra's Falsified BCI Report confirmed.

The Cape Bridgewater and Portland region, situated in the electorate of The Hon. David Hawker MP and the State of Victoria, was subject to our thorough investigation. We provided detailed information to Senator Richard Alston, who then passed it on to Paul Fletcher, then a senior Liberal bureaucrat, to evaluate, now submitted here as Open Letter File No/41/Part-One and File No/41 Part-Two and Telstra's Falsified BCI Report. Anyone reading Telstra's Falsified BCI Report and Open Letter File No/41/Part-One and File No/41 Part-Two will conclude Paul Fletcher should have acted upon those two reports. The fact that Senator Richard Alston advised The Hon. David Hawker MP (also a Liberal Government Minister) that my reports were being investigated, nothing eventuated.

Despite our persistent efforts, that investigation was abandoned after several public officials, including government ministers, accepted a free, paid-expense trip to the Atlantic Olympic Games in 1996 courtesy of Telstra, one of the games' sponsors. Refer also to Senate Evidence File No 21 Senate Hansard dated 27 Feb 1998 re kick-backs and bribes.

In 2021/22, I approached the Federal Member of Parliament, Dan Tehan MP, who preceded The Hon David Hawker, regarding the validation of my claims. At that time, Hon. Paul Fletcher was the Minister for Communications, Urban Infrastructure, Cities, and the Arts in the Morrison government. Despite the evidence he had already received, The Hon. Paul Fletcher declined to investigate this website. It's disheartening to see that even today, Paul Fletcher is still a serving minister in government in opposition.

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How can one narrate an account that appears so implausible that even the author questions its authenticity and has to consult their records before continuing with the narrative? It is essential to bring to light the conspiracy between an arbitrator, various appointed government watchdogs, and the defendants. It is crucial to demonstrate that the defendants employed equipment connected to their network to scrutinize faxed material departing from one's office during an arbitration process. Furthermore, it is imperative to show that one's advisors stored said material without one's knowledge or consent before redirecting it to its intended destination, where, in some cases, it was not directed to the addressee. In my experience, the arbitrator consultants found my claim material incomprehensible upon receiving it.

However, how could it have been illegible when the two arbitration consultants I hired to present that material had both served as senior detectives and sergeants in the Queensland police, with one having earned accolades from the Australian National Crime Authority and were presently licensed Loss Assessors? The reader will understand why this happened after reading my book and reviewing this website. It is unacceptable that my claim material had been tampered with and rearranged to make no sense when read.

I urge you to consider the gravity of this situation. The manipulation of information and the abuse of power can happen to anyone, and it is crucial to bring these injustices to light. The tampering of my claim material is a blatant violation of my rights, and it is essential to expose these injustices.

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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

Absent Justice - Where was the Justice 

The following exhibit Senate Evidence File No 12shows I have been threatened twice, once on 16 August 2001 and again on 6 December 2004, that if I disclose these 6 and 9 July 1998, In-Camera Hansard, the Senate will have me charged with contempt of the Senate, even though those documents could well have won sixteen arbitration and mediation appeals An Injustice to the remaining 16 Australian citizens)

After one National Party senator, Ron Boswell, verbally attacked a very senior Telstra arbitration officer, stating, “You are really a disgrace, the whole lot of you, he then apologised to the chair of the Senate committee, stating:

“Madam, I withdraw that, but I do say this: this has got a unity ticket going right through this parliament. This has united every person in this parliament – something that no-one else has ever had the ability to do – and Telstra has done it magnificently. They have got the Labor Party, they have got the National Party, they have got the Liberal Party, they have got the Democrats and they have got the Greens – all united in a singular distrust of Telstra. You have achieved a miracle.”

A Labor Party Senator, Chris Schacht, even made it more apparent to the same Telstra arbitration officer that if Telstra were to award compensation only to the five 'litmus' COT test cases and not the other still unresolved sixteen other COT Cases, then this act "would be an injustice to those remaining 16". However, the John Howard NLP government sanctioned only punitive damages to those five litmus test cases, plus the release of more than 150,000 Freedom of Information documents initially concealed from those five. The eighteen million dollars those five received between them should have been split equally between all twenty-one unresolved COT Cases FOI issues. It was not. 

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