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Senate Evidence

Check out the perversion of the course of justice firmly embedded in Australia’s seat of arbitration. The bribery and corruption that destroyed the lives of these Australia's citizens have never been transparently investigated. The double-dealing actions of the arbitrator and his arbitration project managers were nothing less than evil and unscrupulous deceit. Read about the fraud and gross misconduct that was rampant throughout all twenty-one arbitration and mediation processes. Lawbreaking villainy did not stop in the arbitrations themselves. It continued after the arbitration and mediation processes. The criminal delinquency of those involved in the administering of these corrupted arbitrations are still practising their style of justice on other citizens who, like the Casualties of Telstra, will become victims of a very crooked arbitration process. 

Please read my valid account on the corrupt practices of the Telstra Corporation as reported by not just me, but also by Australia's sitting senators of the day. 

Absent Justice - Australian Senate

Rorted millions upon millions of dollars

Starting on page 5163, this link > SENATE official Hansard – Parliament of Australia, shows Telstra employees rorted millions upon millions of dollars from Telstra shareholders: i.e., the government and Australian citizens, who then owned Telstra. The pressure Senators Alston and Boswell applied, for a Senate investigation into the Casualties of Telstra (COT cases) phone fiascos, was one of the reasons Telstra agreed to settle the COT cases’ issues in a proposed Fast Track Settlement Proposal signed by Telstra and the four claimants in the third week of November 1993. Telstra, it seemed, could not afford a further investigation into its operation: NSW was not the only state where this rorting, and others, was taking place. Many people made threats against the COT cases because our persistence, in order to gain full functional phone systems, was about to expose other unethical behaviour at Telstra, including at the management level. The fact that both the Telstra CEO and board knew millions upon millions of dollars (again, see 5163 of SENATE official Hansard) were being unlawfully syphoned from the government coffers is unbelievable. In fact, figures running into the billions have also been quoted.

Perhaps even more unbelievable that even though several Senator's were advised by way of this Senate Hansard that the first four COT Cases were subjected to being denied the right of discovery documents during their government-endorsed arbitrations only two of the four COT Cases claims were ever investigated by the Senate. One of those four COT Cases received part of the previously withheld discovery documents plus more than (six million dollars in compensation), whereas the other COT Case received almost four million dollars compensation plus most of his previously withheld discovery documents. While on the other two cases so far have not received their previously withheld discovery documents or compensation awarded as damages for the gross misconduct by Telstra. Sadly the third person has since passed away leaving me to fight on. 

It was important I highlight the following points 27, to 32 5163 of SENATE official Hansard) because they show why the first four COT Cases never received any of the relevant requested documents either through the arbitration discovery process of the Freedom of Information (Act 1984) As will be observed by any reader viewing these points that I have corrected the spelling from Denise McBride to the correct surname McBurnie.  

27. Apparently the NSW police had a similar problem. According to Mr Saul, he was never interviewed by police, and only token efforts were made to access and seize motel records as evidence. Invariably it was found that moteliers (often former police officers) had been warned to expect a visit. Mr Saul states that a senior police officer within the Professional Responsibility Group of the NSW Police Force (then under the command of former NSW Assistant Commissioner Geoff Schuberg), told him there had been no serious investigation of travel allowance irregularities in NSW—information consistent with a report in the Telegraph Mirror on 19 April 1995, under the headline "Police criminals ‘staying on duty’."

28. In the course of evidence given to the Royal Commission into the NSW Police Force, Assistant Commissioner Schuberg admitted that three detectives from Tamworth who admitted to rorting their travel expenses were dealt with internally and fined rather than charged with fraud. Commissioner Wood asked: "This is a fraud, is it not, of the kind we have seen politicians and others go to jail for? You have people who are proven liars with criminal records who are still carrying out policing and giving evidence?" Assistant Commissioner Schuberg replied: "Yes, I do think it raises a problem."Legal professional privilege

29. Whether Telstra was active behind-the-scenes in preventing a proper investigation by the police is not known. What is known is that, at the time, Telstra had representatives of two law firms on its Board—Mr Peter Redlich, a Senior Partner in Holding Redlich, who had been appointed for 5 years from 2 December 1991 and Ms Elizabeth Nosworthy, a partner in Freehill Hollingdale & Page who had also been appointed for 5 years from 2 December 1991.  One of the notes to and forming part of Telstra’s financial statements for the 1993- 94 financial year, indicates that during the year the two law firms supplied legal advice to Telstra totalling $2.7 million, an increase of almost 100 per cent over the previous year. Part of the advice from Freehill Hollingdale & Page was a strategy for "managing" the "Casualties of Telecom" (COT) cases.

30. The Freehill Hollingdale & Page strategy was set out in an issues paper of 11 pages, under cover of a letter dated 10 September 1993 to a Telstra Corporate Solicitor, Mr Ian Row from FH&P lawyer, Ms Denise McBurnie. The letter, headed

"COT case strategy" and marked "Confidential," stated: "As requested I now attach the issues paper which we have prepared in relation to Telecom’s management of ‘COT’ cases and customer complaints of that kind. The paper has been prepared

by us together with input from Duesburys, drawing on our experience with a number of ‘COT’ cases. . . ."

31. The lawyer’s strategy was set out under four heads: "Profile of a ‘COT’ case" (based on the particulars of four businesses and their principals, named in the paper); "Problems and difficulties with ‘COT’ cases"; "Recommendations for the management of ‘COT’ cases; and "Referral of ‘COT’ cases to independent advisors and experts". The strategy was in essence that no-one should make any admissions and, lawyers should be involved in any dispute that may arise, from beginning to end. "There are numerous advantages to involving independent legal advisers and other experts at an early stage of a claim," wrote Ms McBurnie. Eleven purported advantages were listed.

32. In particular, Ms McBurnie argued that the initial point of referral should always be the Corporate Solicitors Office, "in order to bring into operation the potential protection of legal professional privilege for documentation and other reporting procedures;" and the Corporate Solicitors Office should continue as "the point of referral and control in order to maintain legal professional privilege (where possible) over information and documentation created during the handling of the ‘COT’ case." If technical, fault reports were needed, these should be commissioned by the Corporate Solicitors Office and provided only to 5170 SENATE Wednesday, 25 June 1997 the Corporate Solicitors Office in "an attempt to create the initial protection of legal professional privilege for such reports." The Freehill Hollingdale & Page strategy was accepted.

Absent Justice - Australian Senate

Stop the COT Cases at all cost

Worse, however, the day before the Senate committee uncovered this COT Case Strategy, they also told under oath, on 24 June 1997 see:- pages 36 and 38 Senate - Parliament of Australia/from an ex-Telstra employee and then-Whistle-blower, Lindsay White, that, while he was assessing the relevance of the technical information which had been requested by the COT claimants, he advised the Committee that:

"In the first induction - and I was one of the early ones, and probably the earliest in the Freehill's area - there were five complaints. They were Garms, Gill and Smith, and Dawson and Schorer. My induction briefing was that we - we being Telecom - had to stop these people to stop the floodgates being opened."

Senator O’Chee then asked Mr White - "What, stop them reasonably or stop them at all costs - or what?"

Mr White responded by saying - "The words used to me in the early days were we had to stop these people at all costs".

Senator Schacht also asked Mr White - "Can you tell me who, at the induction briefing, said 'stopped at all costs" (See Front Page Part One File No/6)

It is clear from Mr White's statement he identified me as one of the five COT claimants that Telstra had singled out to be ‘stopped at all costs’ from proving their my against Telstra’. One of the named Peter's in this Senate Hansard is the same Peter who swore under oath, in his witness statement to the arbitrator that the testing at my business premises had met all of AUSTEL’s specifications, when it is clear from Arbitrator File No/110 that Telstra’s own Customer Call Analysis System (CCAS) data for 29 September 1994 show NONE of the mandatorily required 20-tests calls to each of my service lines 055 267 267055 267230 and 055 267260 were generated into my business and held open for the required period of 120-seconds for each completed call. In simple words, the SVT process at my business was not carried out according to the government communications regulatory mandatory specifications. Telstra is fully aware Peter (on page 38 of this Hansard) received advice from AUSTEL, on 11 October and 16 November 1994, regarding the Service Verification Tests (SVT) being grossly deficient. AUSTEL demanded Telstra advise what it intended doing about this deficiency see Front Page Part One File/No 24-A to 24-B. No second SVT test ever took place at my business during my arbitration. However, in November 2002 (eight months after I sold the business) Telstra tested the business for the new owners, concluded the wiring, cabling and the Telstra-installed infrastructure was corroded and the whole holiday camp was rewired.

This is the same Peter who somehow had the power to direct a Government Regulator regarding who they could release this known faulty SVT information to and who they could not release it to see Arbitrator File No/98 even though the Government Regulator (AUSTEL) knew that the inaccurate SVT results were being used to support Telstra’s arbitration defence of at least four COT Cases claims (which included me)

This same Peter refused to conduct any sort of testing at my premises. Both Peter and David Reid (an ex-Telstra technician, and now with Lane Telecommunications) were present to investigate on-site telecommunication arbitration information. Lindsay White, whistleblower, admitted, under oath to senators, that Peter said I was to be stopped – at all cost – from proving my claim. Peter was able to pressure David Reid, part of the allegedly independent arbitration resource unit, not to test my three service lines that were experiencing ONGOING problems when they visited my business on 6 April 1995. From what happened on this day, it is apparent the government-endorsed arbitration process was designed – NOT to assist the COT cases in proving their claims – but to destroy the credibility of the COT cases’ claims in order to sell off the Telstra network, no matter how degraded the arbitration process found it was.

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 and on page 23, (see Main Evidence File No 3) concludes:

  • "It is my opinion that the reports submitted to Austel on this testing programme was 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"   

Didn't the statements made under oath by Lindsay White to the Senate Estimates Committee on 24 June 1997, mean anything at all regarding the advice he received from this Peter that we FIVE COT cases had to be stopped at all cost from proving issues such as the falsified arbitration SVT witness statements to the arbitrator (see Telstra's Falsified SVT Report)

On 26 September 1997, the new TIO advised a Senate Estimates Committee, that:

"Firstly, and perhaps most significantly, the arbitrator had no control over that process, because it was a process conducted entirely outside the ambit of the arbitration procedures."

There is no amendment attached to any agreement, signed by the above-mentioned COT members, allowing the arbitrator to conduct those particular arbitrations entirely outside the ambit of the arbitration procedure – and neither was it stated that he would have no control over the process once we had signed those individual agreements. How can the arbitrator and TIO continue to hide under a confidentiality clause contained in our arbitration agreement when that agreement did not mention the arbitrator would have no control because the arbitration would be conducted entirely outside of the agreed ambit of the procedures?

Also in the above Senate Hansard on 24 June 1997: (refer to page 76 and 77 Senate - Parliament of Australia Senator Kim Carr states to Telstra’s main arbitration defence Counsel (also a TIO Council Member) Re: Alan Smith: (Senate Evidence File No/1-B)

Senator CARR – “In terms of the cases outstanding, do you still treat people the way that Mr Smith appears to have been treated? Mr Smith claims that, amongst documents returned to him after an FOI request, a discovery was a newspaper clipping reporting upon prosecution in the local magistrate’s court against him for assault. I just wonder what relevance that has. He makes the claim that a newspaper clipping relating to events in the Portland magistrate’s court was part of your files on him”. …

Senator SHACHT – “It does seem odd if someone is collecting files. … It seems that someone thinks that is a useful thing to keep in a file that maybe at some stage can be used against him”.

Senator CARR – “Mr Ward, we have been through this before in regard to the intelligence networks that Telstra has established. Do you use your internal intelligence networks in these CoT cases?”

The most alarming situation regarding the intelligence networks that Telstra has established in Australia is who within the Telstra Corporation has the correct expertise i.e. government clearance to be able to impartially filter the raw information collected before that information is catalogued for future use?  More importantly, when Telstra was fully privatised, which organisation in Australia was given the charter to archive this very sensitive material?

PLEASE NOTE: At the time of my altercation referred to in the above 24 June 1997 Hansard my bankers had already lost patience and had sent the Sheriff to make sure I stayed on my knees. No punches were thrown by me during this altercation with the Sheriff who was about to remove catering equipment from my property, which I needed to keep trading. I actually placed a judo hold ‘Full Nelson’ on this man and walked him out of my office. All charges were dropped by the Magistrates Court on appeal when it became obvious there were two sides to this story.

Hansard at (Senate Evidence File No 1-C)

Questions raised during a Senate committee hearing

Senator ALLISON – Telstra was very reluctant to reveal the names of its other commercial customers that were sent to Atlanta. Why is this?

Senator – ALLISON – These customers are not, presumably, private individuals?

Senator – ALLISON – So they are in the position of being able to make decisions which could favour Telstra, that is what you are suggesting?

Senator – ALLISON – Are you familiar with Telstra’s employee code of conduct?

Senator – ALLISSON – So this is still a current code of practice? It would be familiar to those people who needed to know

Senator – ALLISON – It says, under ‘guidelines for expected behaviour — bribes, pay-offs or kick-backs': No bribes, pay-offs, kick-backs or other considerations will be paid or received directly or indirectly. In addition, such payments to domestic or foreign government officials to influence a decision or gain a benefit either directly or through a third party, are prohibited.

Senator – ALLISON – Would you like to give us a view about these trips to Atlanta and how they relate to expected behaviour in this sense?

Senator – ALLISON – With respect, a seat at the ballet is quite different from a $12,000.00 trip to the Atlanta Games surely?

Senator – ALLISON – Are you suggesting that there is another code for corporate conduct?

Senator SCHACHT – So the invitations to people to go to Atlanta, whether they were politicians or corporate, were approved by the CEO.

Senator ALISSON – I just come back to this question of the sensitivity of your business customers. Since they represent corporations, and since Telstra is a corporation, why is the need for such secrecy? Why is it a sensitive matter?

In the circumstance of what has been said above in a number of statements made by various Senators concerning the documented kick-backs that a number of Senators stated was a disgrace.  By accepting a free for all $12,000.00 trip paid by Telstra, is a situation that, maybe part of the reason, if this named person was one of those mentioned who accepted this trip after having been part of my Telstra arbitration, an arbitration which failed to investigate one single ongoing telephone problem which was still affecting my business (as Telstra own records show) in November 2006 (see main Evidence File No/4) 11 years after my arbitration was set up to fix these problems.  If the Australian Government was to ask me for the name of the “named” person, I would certainly supply that name and other information which suggests this person knowingly misled numerous people in a statement he prepared on 12 May, 1995 concerning my arbitration, which he knew was not the truth by a long way.  I hope by mentioning this issue in our Senate link here on absentjustice.com that someone in Government will be interested in researching back to this particular 27 February, 1998 Hansard and the false statement made by this person, as to whether this situation is part of the reason my valid claims have never been transparently investigated by the Government.

 

GS CAV 1 to 88

Download Attachments

Senate Evidence File No 1 20-9-95 Senate Hansard A Matter of Public Interest

Senate Evidence File No 2A & 2B dated 24-6-1997 keeping secret files on Alan Smith

Senate Evidence File No 3 -Telstra prepares their own rules of arbitration

Senate Evidence File No 4 Transcripts showing arbitrator misled the arbitration pre-hearing

Senate Evidence File No 5 proof the arbitrator had seen Telstras rules of arbitration

Senate Evidence File No 6 it is clear the arbitrator did see Telstras rules of arbitration - but said he had not seen them

Senate Evidence File No 7 letters from the Commonwealth Ombudsmans office in support of my claims

Senate Evidence File No 8 arbitrators letter 12 May 1995 not a credible arbitration agreement

Senate Evidence File No 9 my lawyers Letter to Senator Boswell arbitration process not transparent

Senate Evidence File No 10 Senator Harris supports the 16 COT Cases who were discriminated against

Senate Evidence File No 11 proof 150,000 FOI documents were provided to the five litmus COT test Cases

Senate Evidence File No 12 two letters to me from the Senate threatening to hold me in contempt of the Senate

Senate Evidence File No 13A & 13B prove the 5 litmus COT Cases were assisted with preparing their arbitration claims by Telstra and the Senate

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

Senate Evidence File No 15 letter from Senator Coonan telling me maybe I should takeTelstra to court

Senate Evidence File No 16 - Bad bureaucrats

Arbitrator File No 17 Arbitration Project Manager

Senate Evidence File No 18 Two emails from the government asking Testra to assess my claims against Telstra

Senate Evidence File No 19 -3 emails which should be read in conjunction with the Senate link

Senate Evidence File No 20 letter from Senator Barnaby Joyce 15 Sept 2006 our claims would be finaly investigated

Senate Evidence File No 21 Senate Hansard dated 27 Feb 1998 re kick-backs and bribes

Senate Evidence File No 22 my joint letter to the Chairman of Telstra, TIO Council and Telstra CEO proving Telstra tampered with evidence during myarbitration

Senate Evidence File No 23 further proof that Telstra tampered with my TF 200 telephone during my arbitration

Senate Evidence File No 24 - Senate Hansard dated 2 Sept 1993 - Senator Alston

Senate Evidence File No 25 transcripts proves that AUSTEL provided Telstra with a copy of AUSTELs draft COT findings

Senate Evidence File No 26 shows AUSTEL were aware Telstras testing equipment used at my premises caused further telephone faults

Senate Evidence File No 27 - AUSTELs COT Report page 91 & 92 proves how important the service verification testing of the COT Cases businesses were

Senate Evidence File No 28 - these government archives documents do not match AUSTELs adverse findings against Telstra

Senate Evidence File No 29 - these two pages should be read in conjunction with the Senate link

Senate Evidence File No 30 These pages should be read in conjunction with the Senate link

Senate Evidence File No 31 - this Senate Hansard proves the Senate was aware of the threats Telstra made to me during my arbitration

Senate Evidence File No 32 is a letter from the Commonwealth Ombudsman re the vetting by Telstra of my requested FOI documents

Senate Evidence File No 33 - shows Telstra waited a whole 12 months before releasing my requested FOI documents after my arbitration was over

Senate Evidence File No 34 - a letter from the TIO dated 10 Jan 1996 proving he did not act in my best interest

Senate Evidence File No 35 - letter from Senator Kim Carr - in support of my manuscript

Senate Evidence File No 36 Senate Hansard - Stop the COT Cases At All Cost from proving their claims

Senate Evidence File No 37 & 38 proof that Telstra was destroying information on requested FOI documents

Senate Evidence File No 39 - A Telstra whistleblower advises the government that Telstra was destroying evidence needed by the COT Cases

Senate Evidence File No 40 - these three documents shows Telstra can store faxed documents for viewing purposes (these documents should be read with Senate link )

Senate Evidence File No 41 this letter from Telstra to the TIO shows there was a secret second appointed arbitrator

Senate Evidence File No 42 - this letter of 18 April 1995 from the Resource Unit proves there were forces at work that had derailed my arbitration

Senate Evidence File No 43 - Sister Maureen Burke - Only I know from personal experience that your story is true

Senate Evidence File No/ 44 Part 1 Australian Federal Police AFP Transcripts - interview at Cape Bridgewater

Senate Evidence File No/45 Part 2 Australian Federal Police AFP Transcripts - Interview at Cape Bridgewater

Senate Evidence File No 46 - Suspect Sabotage - maybe the bug has slipped off

Senater Evidence File No/47 The statement in the 10 February 1994 letter from AUSTEL to Telstra stating: "...Yesterday we were called upon by officers of the Australian Federal Police in relation to the taping of the telephone services of the COT Cas

Senate Evidence File No/48 - Telstras Minutes (File Note) confirm the Arbitrator misled the pre-arbitration meeting of 17 Feb 1994

Senate Evidence File No/49 supports File/48 i.e. the Arbitrator misled the 17 Feb 1994 pre arbitration meeting.

Senate Evidence File No/50 TIO refuses to supply me arbitration documents in which to support my appeal

Senate Evidence File No/51 Telstra file notes confirm I was still being denied acess to arbitration documents six months ater my aritration was over
 

© 2021Absent Justice
 
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All of the main events as quoted in this unbelievable true crime story are supported by copies of the original freedom of Information documents on Alan's website absentjustice.com

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

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

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“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”

Sister Burke

“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”

Sister Burke

“I am writing in reference to your article in last Friday’s Herald-Sun (2nd April 1993) about phone difficulties experienced by businesses.

I wish to confirm that I have had problems trying to contact Cape Bridgewater Holiday Camp over the past 2 years.

I also experienced problems while trying to organise our family camp for September this year. On numerous occasions I have rung from both this business number 053 424 675 and also my home number and received no response – a dead line.

I rang around the end of February (1993) and twice was subjected to a piercing noise similar to a fax. I reported this incident to Telstra who got the same noise when testing.”

Cathy Lindsey

“…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

“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

“…your persistence to bring about improvements to Telecom’s country services. I regret that it was at such a high personal cost.”

Hon David Hawker

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

– Edmund Burke