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Chapter 2 - Julian Assange - Hacking - a lost chance

Absent Justice - Australian Senate

In this chapter, we aim to show that, during the five litmus Senate estimates committee FOI investigations, errors were disclosed – such as the Bell Canada International Inc (BCI) testing process, which was shown to be deficient and, in my case, impracticable. At that time, all participating COT members were content to wait, believing the investigation of the litmus cases would flow onto the remaining 16 on the Senate schedule B list and none of the 16 COT cases was notified of the progress as the investigation proceeded. John Wynack, director of investigations assisting the Senate chair and the litmus cases, was also investigating my FOI issues and demanding Telstra provide the requested documents I originally sought in my 18 October 1995 FOI request.

Although the COT litmus-test cases received some 150,000 FOI documents, through the Senate estimates committee investigation (see Senate Evidence File No/11), I did not receive one single document as John Wynack’s records show. Mr Wynack’s letters, of 11 and 13 March 1997, show he did not accept Telstra stating it destroyed the arbitration file I sought to use in my pending appeal process.

All of the remaining other COT cases, whose names appear on the Senate schedule list B, also sought FOI documents from Telstra during their respective arbitration and mediation process, as did the litmus tests cases, all this was known by the Senate estimates committee and the Commonwealth Ombudsman’s office. This was the reason a litmus-test situation was set up. The Senate schedule A list named the litmus tests cases and the Schedule B listed the remaining 16 cases. If the litmus test cases proved their case, that Telstra had withheld relevant documents during their arbitrations and was still doing so, then the remaining 16 cases would automatically receive a similar outcome.

But, the Australian litmus cases were treated differently to the remaining 16 Australians citizens, who were dismissed. Why? The answer is simple: politics and time. It took almost two years, using numerous senators’ valuable time, just to obtain the documents for the five litmus cases. Some consider the pending Telstra privatisation may also have played a part in why the 16 were dismissed the way they were. This is possibly the worst multiple discrimination against 16 Australians citizens.

Litmus Tests

Absent Justice - Discrimination against 19 Australian Citizens

What the coalition LNP government perpetrated against 16 citizens of Australia, from 1997 to 1999, after what was exposed in Senate Hansard records, dated 24 and 25 June 1997, see:- (1) Senate - Parliament of Australia and:- (2) SENATE official Hansard – Parliament of Australiais incredible. The LNP government knew that not only should the litmus-test cases receive their requested documents but so should the other 16. These Hansards, only three days a day apart, confirm the Telstra Corporation acted illegally against all 21 citizens, yet the government only sanctioned Telstra to pay compensation to the litmus cases, and not the remaining 16. The litmus cases (as stated above) also received 150,000, or more, previously withheld discovery documents (see Senate Evidence File No/11), which allowed them to appeal their arbitration process. But the remaining 16, who didn’t receive their withheld documents, we’re unable to appeal.

In fact, after one National Party senator 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 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 Freedom of Information cases, then this act "would be an injustice to the 16"punitive damages were awarded to those five plus they received between then some 150,000 Freedom of Information documents which had been initially concealed from them during their arbitrations.

Even if the sixteen unresolved FOI cases had received not received compensation for their ordeal and instead only received their original withheld discovery documents as the five 'litmus' tests cases had received, they could have at least had a chance of winning any appeal they might decide to mount against Telstra. 

With those documents and the many adverse statements made against Telstra by several senators, we sixteen COT Cases had a good chance of winning our appeals. 

The FOI Act allows the respondent 30 days to supply the requested information, yet the senior Telstra official, at the brunt of these senator’s attack, wrote to me, on 23 May 1995, two weeks after my arbitration appeal period expired. Accompanying his letter were numerous documents, hundreds, which I originally requested in May 1994, one month after I signed my arbitration.

This same official, while on the TIO council, provided in-confidence COT-related advice to another senior Telstra executive. The document in question shows he obtained the information while wearing his TIO hat. He also, prior to this severe reprimand by the Senate on 9 July 1998, advised another Senate estimates committee hearing, on 26 September 1997, that at no time during these TIO monthly meetings did he declare his conflict of interest. When the Senate asked TIO John Pinnock if COT arbitration issues were discussed at these TIO council meetings, he answered YES.

It is clear from reading the various correspondence to the Commonwealth Ombudsman An Injustice to the remaining 16 Australian citizens that correspondence to the Commonwealth Ombudsman, from various technical experts, appointed via the Senate working party to assess the relevance of FOI documents that the ‘Five litmus COT claimants’ asked Telstra to provide during this senate investigation, includes a letter from Qyncom IT & T Business Consultants Pty Ltd (Victoria) to Mr John Wynack, as chair of the working party (see Senate Evidence File No 13A & 13B).

This 14-page letter, and many others to the Commonwealth Ombudsman, show the ‘Five litmus COT claimants’ received free of charge, qualified technical assistance from government-appointed independent technical consultants during this sixteen month Senate (Liberal Government) facilitated FOI investigation.

The remaining 16 claimants who were also on the Senate Schedule list as unresolved COT issues were denied these same privileges. If this is not discrimination of the worse possible kind, then what is?

Senate Schedule A and B list

Was there a second, or even a third, reason why the remaining 16 COT cases were denied the same type of compensation paid to the litmus-test cases? What other questions might the larger group of 21 claimants expose in the sale prospectus? Addressing a few still-unaddressed four-year-old arbitration claims, prior to the prospectus being prepared, would look better than 21 still-unaddressed four-year-old arbitration claims. Especially considering those 16 claimants had still not received their relevant discovery documents under the agreed FOI Act – an agreement reached with the administrator prior to arbitration that documents would be provided under FOI to enable us to prove our cases (see Arbitrator File No/71). The government knew Telstra was still refusing to supply relevant documents at the time of this litmus-test process, four years later.

On 23 October 1997, the office of Senator Schacht, Shadow Minister for Communications, faxed Senator Ron Boswell the proposed terms of reference for the Senate working party for their investigation into the COT arbitration FOI issues. This document shows the two lists of unresolved COT cases with FOI issues to be investigated. My name appears on the Schedule B list (see Arbitrator File No 67). Telstra, by still refusing to supply these 16 COT cases with promised discovery documents, first requested four years earlier, was acting outside of the rule of law and yet, regardless of Telstra breaking the law, these 16 claimants received no help from the police, arbitrator or government bureaucrats and were denied access to their documents, as shows.

150,000 FOI Documents 

The 150.000 late provided FOI documents to the five litmus tests cases mentioned above was not of a historic nature in the case of Ann Garms and Graham Schorer, the forty-four large storage boxes that I received from Graham’s office in 2006 when I started to investigate these issues on behalf of Graham/Golden messenger I did not see any relevant Leopard or Ericsson Data for the exchanges that Graham’s Golden Messenger Courier Services were routed through. Between the end of 2006 and 2017, I have worked continually on some eight major projects on behalf of Graham/Golden who had commissioned me to investigate evidence they had received which showed Telstra had been aware prior to Graham’s arbitration process that Telstra had knowingly misled both Graham/Golden and the COT arbitrator concerning Graham/Golden 1994 to 1999 arbitration process. Since that period I have collated and written five major reports plus writing two separate manuscript’s (not yet completed) so that Graham/Golden can submit this material to the government as a testament there needs to be a Royal Commission Investigation into the COT arbitration process. During my first Administerial Appeals Tribunal FOI oral hearing in October 2008, the Australian Communications Media Authority (ACMA) was the respondents, Graham Schorer advised the AAT under oath during cross-examination by ACMA lawyers that once my investigation on behalf of Golden was complete and the evidence collated and reported on was bound into submission those reports would be provided to the government. I have since viewed numerous COT Case Telstra related documents since that 2008 AAT hearing which supports Graham/Golden that even though members of the Telecommunication Industry Ombudsman office (who were the administrators of the COT arbitrations) had been aware before the COT Cases went into arbitration that the historic Telstra fault data which would be needed by the COT Cases to support their claims had already been destroyed (see TIO Evidence File No 7-A to 7-C) this knowledge was never broadcast to the government who had endorsed the COT arbitrations. This release of 150,000 non-historic fault data documents and NOT the requested historic data which the five ‘litmus’ tests cases requested shows that the compensation the five litmus cases received were partly associated with Telstra being unable to provide those five cases the documents they should have received during their arbitrations.

The fact that NONE of the sixteen COT Cases who were also on the Senate schedule B list as unresolved COT FOI Cases is further testament we COT sixteen were discriminated against by the government.


In the cases of Ann Garms and Graham Schorer, of the 150,000 FOI documents that were provided to the five ‘litmus-test cases (see Senate Evidence File No 11 proof 150,000 FOI documents) but which, as recorded above, arrived too late for them to use, none were of historic nature.  Seventy per cent (70%) of the 150,000 documents provided to the COT Cases during this ‘litmus test case fiasco were couriered to the offices of Golden Messenger. These are the documents that in late 2006, was sent down to my business by Graham/Golden in two separate deliveries. When I first started to investigate these issues for Graham, I did not find any Leopard Data for the exchanges that Graham’s Golden Messenger Courier Services was routed through, anywhere among the eleven large storage boxes that I received from Graham’s office in 2006, so it is quite clear from the three emails attached to TIO Evidence File No 7-A to 7-C), are the truth, i.e. Telstra did not keep historic Leopard fault data longer than twelve to thirteen months.  The release of those 150,000 non-historic fault data documents, but none of the requested historic data that the five ‘litmus-test cases requested, shows that the compensation that those five ‘litmus-test cases received was partly associated with Telstra being unable to provide the documents that those COTs should have received during their arbitrations.

What has been possibly the hardest thing to live with concerning that 70% of the 150,000 documents which I finally received in 2006, from Graham/Golden is that they are only related to Graham/Golden. However, even though the 90,000 or so documents, I did receive from Graham/Golden was minus historic fault data that material when combined with other later material received from another source shows the COT Cases were never meant to win their case. 

In 2017, when I commenced preparing  An injustice to the remaining 16 Australian citizens I had still not received the FOI documents that the TIO and AUSTEL (government communications authority) promised me I would receive if I signed my government-endorsed arbitration process. 

I again note: the fact that NONE of the other sixteen COT Cases received any compensation (even though they were also on the Senate Schedule B list as unresolved COT FOI Cases) further proves that the Government discriminated against us sixteen remaining COTs.


The two following segments under the headings of  'It is important I revisit the witness statements of 8 and 10 August 2006' and 'Telstra's Contempt of the Senate' was added here on 29 March 2022 from the Home page so as to free-up that page so that we could add some new fresh information.  

Absent Justice - 12 Remedies Persued - 6

It is important visit the witness statements of 8 and 10 August 2006.

It was this discarded evidence the Major Fraud Group asked me to supply at the request of their barrister, Neil Jepson.

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.

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.

As previously discusses in Chapter 1 - Major Fraud Group – Victoria police File 517 AS-CAV Exhibits 495 to 541 is Witness Statement dated 10 August 2006 (provided to the DCITA) by Ann Garms, and sworn out by Des Direen ex- Telstra Senior Protective Officer, eventually reaching Principal Investigator status.  Mr Direen has been brave enough to reveal that, in 1999 / 2000, after he left Telstra, he assisted the Victoria Police Major Fraud Group, in particular Rod Kueris, with their investigations into the COT fraud allegations.  I was called into that investigation as a witness (see  An Injustice to the remaining 16 Australian citizens).

Points 12 to 18 in Mr Direen’s statement explained that “From what (he) observed on this day, and applying the knowledge that (he) gained during (his) twelve years at Telstra, (he had) no doubt in (his) mind that the phones at Rod KUERIS’s home address were possibly interfered with". Within a few weeks of Mr Direen having assisted the Major Fraud Group with their investigations, it became apparent that Mr Kueris was very distressed. Both Graham Schorer (COT spokesperson, as a complainant and me, as a witness, reported to Mr Kueris and Mr Jepson that we believed we were also under surveillance during those investigations.

"I can recall that during the period 2000/200, I had arranged to meet Detective Sergeant Rod KURIS from the Victoria Police Major Fraud Squad at the foyer of Casselden Place, 2 Lonsdale Street, Melbourne. At the time, I was assisting Rod with the investigation into alleged illegal activities against the COT Cases.

Rod then stated that he wanted me to follow him to the left side of the foyer. When we did this he then directed my attention to a male person seated on a sofa opposite our seat. He then told me that the person had been following him around the city all morning. At this stage Rod was becoming visibly upset and I had to calm him down.Rod kept on saying that he couldn't believe in what was happening to him. I had to again calm him down".  

Points 21and 22 in Mr Direen’s statement also record how, while he was a Telstra employee, he had cause to investigate “… suspected illegal interference to telephone lines at the Portland exchange” but, when he “… made inquiries by telephone back to Melbourne (he) was told not to get involved and that it was being handled by another area of Telstra” and that ... the Cape Bridgewater complainant was a part of the COT cases”.

These two witness statements were provided to the Department of Communications, Information Technology and the Arts (DCITA) Australian government by Ann Garms, COT Case member after discussions with Senator Barnaby Joyce (now in 2022, the Deputy Prime Minister of Australia).  Becasue no one has come forward to explain their position in these matters all infromation that might assist the sixteen COT Cases (those who are left many have since died) all documents will be provided without delitions. The witness statements of 8 and 10 August 2006 also released in full as File 766 - AS-CAV Exhibit 765-A to 789). 

Before concluding the reading of our Casualties of Telstra story, we suggest you click on the following legal research paper 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 ombudsmen have not even been registered lawyers or judges and yet the Australian Establishment gives them the right to decide legal issues, which have – in many cases, as our story shows – ruined the lives of those who participated in the arbitrations

Absent Justice - Telstras Contempt of the Senate

Telstra - Contempt of the Senate

In October 1997, when Telstra provided the Cape Bridgewater/Bell Canada International Inc (BCI) report in response to questions raised by the Senate, on notice, Telstra already knew it was false but still no one has ever brought Telstra to account for that, even though their actions were in contempt of the Senate.

On 12 January 1998, (three months after this false Cape Bridgewtare BCI testing information had been provided to the Senate) during the same Senate estimates committee investigations into COT FOI issues, Graham Schorer (COT spokesperson provided Sue Laver (Telstra’s 2020 Corporate Secretary with a number of documents. On page 12 of his letter, Graham states:

“Enclosed are the 168 listings extracted from Telstra’s Directory of Network Products and Network Operations, plus CoT’s written explanation, which alleges to prove that parts of the November 1993 Bell Canada International Report is fabricated or falsified.”

On pages 23-8 of this letter, and using the Cape Bridgewater statistics material, Graham provided clear evidence to Sue Laver and the chair of the Senate legislation committee that the information Telstra provided to questions raised by the Senate on notice, in October 1997, was false (see Scrooge – exhibit 62-Part One – Sue Laver BCI evidence and Scrooge – exhibit 48-Part Two – Sue Laver BCI Evidence). Knowingly providing false information to the senate is in contempt of the Senate. No one yet within Telstra has been brought to account for supplying false Cape Bridgewater BCI results to the Senate. Had Telstra not supplied this false information to the Senate, the Senate would have addressed all the BCI matters I now raise on concerning my ongoing telephone problems, in 1997

This evidence which I formulated into my own prepared Telstra’s Falsified BCI Report which is also discussed on our my-story/introduction/Introduction page was one of the documents along with the Tampering With Evidence – TF200 that Neil Jepson thought could assist me in winning my arbitration appeal. It is also clear from the statements made (see Major Fraud Group Transcript (1) by Sue Owens Barrister who was assisting Mr Neil Jepson in the Major Fraud Group investigations that my evidence had been compiled most professionally.

I reiterate, it is important to raise the Victorian Major Fraud Group’s police involvement in the COT cases’ matters (as well as a number of parties associated with the Major Fraud Group), as it is clearly 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.

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

It was this discarded evidence the Major Fraud Group asked me to supply at the request of their barrister, Neil Jepson. In 2022, Sue Laver is Telstra's current Corporate Secretary as well as a member to the Telstra board. It is well documented in Evidence-Telecommunications Industry Ombudsman - Chapter 2 Devious and Savage that during my Telecommunications Industry Ombudman (TIO) administered arbitration process the TIO allowed Telstra Corporate Secretary Jim Holmes to attened monthly TIO board meetings. Minutes of those meetings (see File 48-B -AS-CAV Exhibit 48-A to 91 show Jim Holmes attended all the monthly meetings (but one) from December 1993 and June 1994, during the period of my Fast Track Settlement Proposal which in January 1994 became my Fast Track Arbitration Procedure signed on 21 April 1994. 

Chapter 2 Devious and Savage confirms prior to the commencement of the FTAP - arbitration process, Telstra’s corporate secretary Jim Holmes was advised in three emails (A01554, A06507 and A06508) that the Leopard Fault data – Telstra’s technical data regarding exchange faults – was destroyed after 12 months. Mr Holmes was a member of the TIO board when the first four COT claimants, Gillan, Garms, Schorer and I, signed our arbitration agreements, but it seems Mr Holmes did not warn the government (which, after all, endorsed the arbitration agreements) or the TIO, who administered the arbitrations, that claimants would not be able to support their claims effectively because Telstra destroyed all historical data, at least from 1992 on. Have Telstra and The Hon Richard Alston and his fellow coalition government ministers ever considered what followed, after Telstra kept this serious matter secret? Have Telstra and the Australian government ever considered the financial cost to each claimant as we tried to access information Telstra knew was destroyed years before we went into arbitration? Each COT case accumulated costs that ran into hundreds of thousands of dollars while trying to access this non-existent fault data (and other Telstra data) to support our arbitration claims. Has the Senate ever considered the cost – not just in dollars – of the 18 months many senators spent from 1997 to 1999 assisting the COT cases in attempting to access technical documents that Telstra knew were destroyed years before? Telstra’s corporate secretary Jim Holmes knew this, as emails A01554, A06507 and A06508 show (see TIO Evidence File No 7-A to 7-C) , and he signed all four FTSP agreements for the four COT cases on 18 November 1993, while he was a TIO board member attending monthly board meetings where COT cases’ arbitration issues were discussed. Yet he never advised the TIO of what he knew concerning the destroyed documents we were trying to access. This situation is an example of why the COT arbitrations were such a mockery of the Australian legal system.

When Jim Holmes did not ensure the TIO board was notified that the COT cases may have problems trying to prove their historic phone complaints because Telstra had destroyed that data, he was partly responsible for the COT cases racking up thousands of dollars in wasted arbitration fees, including paying technical consultants for advice on what historic data was needed to support various claims, when that data no longer existed.

Absent Justice - My Story - The Briefcase Affair

It is also clear from Chapter 2 Devious and Savage and Bad Bureaucrats - Manipulating the Regulator  that when Jim Holmes (Telstra's Corporate Secretary) wrote to me on 27 August 1993 misleading me and AUSTEL (the government communications regulator of the severity of my ongoing telephone problems affecting my business (see Open Letter File No/2) he was also a member of the Telecommunications Industry Ombudsman Board who was soon to be the administrator of my arbitration when this briefcase matter was raised. Neither Warwick Smith (the TIO and administrator to my arbitration) nor Jim Homes advised me of this conflict of interest. Amazingly, the arbitrator did not investigate this briefcase evidence in his findings regardless of it being highlighted as the main part of my arbitration claim.

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), which I received during this official 6 September 2006 government meeting which the Hon David Hawker Speaker in the House of Representatives suggested I raise my concerns about the relentless harassment my partner Cathy and I had experienced since I had assisted the Australian Federal Police in 1994 and the Victorira police Major Fraud Group from 1999 to 2001.

Chapter 2 Devious and Savage, Bad Bureaucrats - Manipulating the Regulator and Evidence - Telstra's Falsified BCI Report show beyond all doubt that both Telstra's Corporate Secretary Jim Holmes and Sue Laver have knowingly concealed Telstra's unlawful conduct towards several of the COT Cases and, by doing so, have added to the COT Cases burden of having to live with these unresolved crimes committed against them and their families. 

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 in .12 Alternate remedies pursued - Chapter 6 - The sixth remedy pursued.  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. 

After the Major Fraud Group had dropped the case against Telstra, there was a feeling of betrayal.

I was able to conclusively prove that although the government communications regulator AUSTEL (now the Australian Communications and Media Authority (ACMA) was aware Telstra had been operating outside of their licensing conditions for three years AUSTEL concealed this fact from the arbitrator appointed to investigate these matters. Not only was it the faults being experienced in the Swedish Ericsson Telecommunications AXE telephone exchanges that caused Telstra to be operating outside of that licensing condition I was able to also prove to the Major |Fraud Groups as I have done here on that Telstra also had an ongoing billing problem that continued to charge their customers over the same three-year period incorrectly

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 (see Bribery and Corruption - Part 2) 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.

The fact that Dr Gordon Hughes AO (the arbitrator hearing my billing claims) would not allow the arbitration technical consultants Lane Telecommunications Pty Ltd and/or DMR Group (Canada) to investigate these billing faults (see Prologue - Chapter 1 - The collusion continues, shows the reader how far this corruption within Australia's seat of arbitration extended .  

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 Telstra sale privatization prospectus that acknowledges there was a more than three year period where Telstra's increased profit margins had been due to incorrectly charging their customers. While this was serious enough, the actual fault that caused the lines to lock up and therefore charge Telstra's customers as if they were connected to this open line also stopped would be cusomers calling into the business. A twofold fault that most small businesses could not substain over a long period, certainly not over the three years period that Telstra and ErIcsson was aware of how long this problem had lasted.  

Absent Justice - My Story

Important Statement 

It is most important I raise the following BCI and SVT arbitration reports which I prepared in draft for the arbitrator Dr Gordon Hughes in 1994, and Mr Neil Jepson Barrister for the Major Fraud Group Victoria police in 1999 because they clearly prove Telstra relied upon known falsified reports in which to defend their inadequate and deficient Ericsson AXE Portland telephone exchange.

The reason it is so important I raise these two reports here is because both those reports which I prepared out of draft format on behalf of the new owners of my business Darren and Jenny Lewis when they arrived at the Melbourne Federal Magistrates Court the two reports and evidence supporting those reports had been removed from Mr and Mrs Lewises submission on the route from the Portland Australia Post office to the Magistrates Court.

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

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

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

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

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

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

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

Absent Justice - Cape Bridgewater Bay  

Bankrupt in 2009

Darren Lewis was walked off the property by receivers, bankrupt, in August 2008.

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

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

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

Administrative Appeals Tribunal 

In my 157-page Statement of Facts and Contentions dated 26 July 2008, which I provided to Mr Friedman and ACMA, I clearly defined how, for reasons unknown, AUSTEL, and later the ACA and ACMA, did not conduct themselves in a properly transparent manner. This behaviour included allowing Telstra to support their arbitration defence by using Cape Bridgewater test results that AUSTEL/ACA/ACMA all knew were false – long before they used them. It is also clear from the same Statement of Facts and Contentions that I highlighted Telstra’s use of the sanitised April 1994 AUSTEL Report instead of the later, and more adverse, AUSTEL findings (against Telstra) that eventually resulted from AUSTEL’s full investigation into my matters, and that I explained how this severely disadvantaged my March/April 2006 submission to the Department of Communications, Information Technology, and the Arts. The financial cost of preparing that 2006 submission came to more than $20,000, which was entirely a waste of money, as I did not receive a copy of AUSTEL’s Adverse Findings until November 2007. If I had received those findings before the DCITA government-assessment process, I would have been able to prove my claim.

When AUSTEL provided a copy of its AUSTEL’s Adverse Findings to Telstra, only, in March 1994, that not only provided Telstra with valuable assistance during their defence of my 1994/95 arbitration, it also provided assistance to Telstra in 2006, when the government could only assess my claims based on the sanitised AUSTEL report rather than AUSTEL’s Adverse Findings report.

Absent Justice - Justice Delayed

Transcripts from my second Administrative Appeal Tribunal (AAT) hearing of 26 May 2011, respondents Australia Communications Media Authority/ACMA (No 2010/4634), show I maintained my Freedom of Information applications to ACMA should be provided free of charge, in the public interest, including all of the requested information both Telstra and AUSTEL withheld during my government-endorsed arbitration process. Senior AAT member Mr G D Friedman considered this AAT hearing and stated:

“Mr Smith still believes that there are many unanswered questions by the regulatory authorities or by Telstra that he wishes to pursue and he believes these documents will show that his unhappiness with the way he has been treated personally also will flow to other areas such as it will expose the practices by Telstra and regulatory bodies which affects not only him but other people throughout Australia.

“Mr Smith said today that he had concerns about the equipment used in cabling done at Cape Bridgewater back in the 1990s. He said that it should – the equipment or some of the equipment should have a life of up to 40 years but, in fact, because of the terrain and the wet surfaces and other things down there the wrong equipment was used.”

During this second AAT hearing in May 2011, I again raised the telephone problems that had affected my business from before my arbitration, stressing that the arbitrator had failed to investigate or address most of those problems, and therefore allowed them to continue for a further 11 years after the end of the arbitration. Since the AAT hearings, and as a result of Australia’s National Broadband Network (NBN) rollout, which began in mid-2011 and is still continuing today, numerous faults, just like those that I raised during my arbitration and both AAT hearings, have been found; this can be confirmed by a simple internet search for “Australia NBN”.

Had the government and arbitrator ensured the claimant’s evidence was not tampered with and altered to suit Telstra’s defence, the then-exposed ailing copper-wire network could have been fixed 20 years ago. These adverse findings against Telstra’s network would certainly have had to be included in the Telstra privatisation prospectus, had they been exposed during the arbitration process.

One of the documents I provided to the AAT is a Telstra FOI (folio A00253) dated 16 September 1993 and titled Fibre Degradation. It states:

“Problems were experienced in the Mackay to Rockhampton leg of the optical fibre network in December ’93. Similar problems were found in the Katherine to Tenant Creek part of the network in April this year. The probable cause of the problem was only identified in late July, early August. In Telecom’s opinion the problem is due to an aculeate coating (CPC3) used on optical fibre supplied by Corning Inc (US). Optical fibre cable is supposed to have a 40 year workable life. If the MacKay & Katherine experience are [sic] repeated elsewhere in the network, in the northern part of Australia, the network is likely to develop attenuation problems within 2 or 3 years of installation. The network will have major QOS problems whilst the CPC3 delaminates from the optical fibre. There are no firm estimates on how long this may take. …

“Existing stocks of Corning cable will be used in low risk / low volume areas.” (See Bad Bureaucrats File No/16)

There are many ongoing issues with the Australian National Broadband Network (NBN) rollout. Matthew Knott’s article in the Sydney Morning Herald, on 28 May 2016, states:

“Opposition Leader Bill Shorten accused the Turnbull government – through the NBN – of muzzling whistleblowers and limiting the public’s right to know about the progress of one of the biggest infrastructure projects in Australian history.”

Absent Justice - Ziggy Switowski

Mr Knott also quotes Ziggy Switkowski, (Telstra’s ex-CEO) now chair of the NBN rollout, calling the whistleblowers, who exposed these issues, thieves. See following Ziggy Switkowski: NBN leakers were thieves, not whistleblowers

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Absent Justice Ebook

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‘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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“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

“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

“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

“…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

“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

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

– Edmund Burke