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Chapter Six

To be continued in a manuscript we are currently preparing titled 'The Briefcase.'

The matters discussed on this website are said according to my interpretation of the  Public Interest Disclosure Act 2013

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AUSTEL’s Adverse Findings

Front Page Part Two 2-A to 2-B
False witness statement sworn dated 12 December 1994, by Telstra's Victorian/Tasmania General Manager Commercial regarding my phone problems leading up to my 11 December 1992 Settlement as well as the day of Settlement. Telstra FOI documents folio C04007 and C04008 confirm I was mislead during this Settlement period by the author of both the witness statement and the information registered on documents folio C04007 and C04008. I have masked the signature on both the witness statement and the statement made on folio C04008. This has been done in my attempt to conceal the identity of this person concerned.

False Witness Statement File No 3-A to 3-D
“Our local technicians believe that Mr Smith is correct in raising complaints about incoming callers to his number receiving a Recorded Voice Announcement saying that the number is disconnected. They believe that it is a problem that is occurring in increasing numbers as more and more customers are connected to AXE,”

Cape Bridgewater unidentified faults File 4-A to 4-C
"...Cape Bridgewater - Telecom has admitted existence of unidentified faults to AUSTEL"(File 4-A)...and..."Let me say that the Government is most concerned at allegations that Telecom has not been maintaining telecommunications service quality at appropriate levels. I accept that in a number of cases, including Mr Smith’s there has been great personal and financial distress This is of great concern to me and a full investigation of the facts is clearly warranted.” (see File 4-C)

False Witness Statement File No 16-A to 16-B
In the official 30 April 1995 findings of the arbitration technical consultants (DMR & Lane), at point 2.3 regarding this RVA problem (see False Witness Statement File No 16-A), is stated, “Some Calls Wrongly Directed to Recorded Voice Announcement (RVA) for 16 Days, March 1992.” In the arbitrator’s award, on page-32 and for the same RVA fault, he states, “were directed for at least 16 days and possibly longer”. Had 'Joker Three' told the truth – that these problems were present for a lot longer than what was suggested – and had AUSTEL released all of its adverse findings against Telstra into the arbitration process (see AUSTEL's Adverse Findings), then the arbitrator’s award would have been substantially higher than it was.

False Witness Statement File No 17-A to 17-D
" I note that the examples given by Alan Smith at the meeting spanned the period of the Arbitration and after the conclusion of the Arbitration"

Can We Fix The Can - Copper-Wire Network
Back between February 1993 and September 2006 The Hon David Hawker MP continued to supply the government with evidence, on my behalf, in relation to just how deficient Telstra’s copper-wire network was in rural south-west Victoria, Australia. Many of these problems were occurring in the Customer Access Network (CAN) and were caused by moisture affecting both the copper-wire and optical fibre joints. 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

False Witness Statement File 15-A to 15-N

Front Page Part Two File No/3 A to 3 C
Question 24, in the 20 September interrogatories discussed on our Front Page Part One segment, shows I answered the following question 24 by stating to Telstra and the arbitrator: "This matter is currently under investigation by the Federal Police. In the interest of fair justice I believe that I should not further comment apart from what I have already stated that it is true that I was told this by Detective Superintendent Penrose. It the Australian Federal Police are prepared to disclose the details of their investigations and of their conversations with myself, then Telecom will be able to obtain the same"

D-Lewis File 1-A to 1-K

SVT Evidence File No 1 to 3

AXE Evidence File 1 to 9

Absent Justice Ebook

Read Alan’s book
‘Absent Justice’

In Alan Smith’s book he shows us the twisting path of government arbitration,
the ways it can go wrong and how to make sure it doesn’t go wrong for you...


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

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

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


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“A number of people seem to be experiencing some or all of the problems which you have outlined to me. …

“I trust that your meeting tomorrow with Senators Alston and Boswell is a profitable one.”

Hon David Hawker MP

“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

“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

“…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

“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

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

– Edmund Burke