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Chapter Five

Absent Justice - My Story

Although the following Federal Magistrates Court letter dated 3 December 2008, from Darren Lewis has been discussed in Absentjustice – Preface it was relevant to again discuss it 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).

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

Tampering With Evidence

As a victim of Telstra’s unlawful conduct during my arbitration, I ask Mr Switkowski if, when he recently spoke against whistleblowers criticising the ongoing problems of the NBN rollout, he recalled what happened in 1994? As Open Letter File No/36File No/37 and File No/38 show, in 1994, Telstra fabricated a report to stop an arbitration process from investigating my claims that the telephone problems, which brought me to arbitration with Telstra, were still affecting the viability of my business. The many download documents now available on our website absentjustice.com confirm many of my registered telephone problems continued for years after my arbitration.

The marked Telstra FOI documents folio A64535 to A64562 (see Tampering With Evidence File No/5), are clear evidence that Telstra did two separate TF200 tests on my collected phone, two weeks apart. FOI folio A64535 confirms, with this handwritten Telstra laboratory file note dated 26 May 1994, that when wet beer was poured into a TF200 phone the wet substance dried up within 48 hours. The air vents within the phone itself allowed for the beer to escape. In other words, how could my TF200, collected on 27 April 1994, have been wet inside the phone on 10 May 1994 when it was tested at Telstra’s laboratories?

This sort of tampering with evidence, after a claimant has provided it to an arbitration process, including (again, in my case) changing that evidence into a different format, must really be one of the worst crimes a defendant (in this case, the Telstra corporation) could commit against an Australian citizen. So why, when evidence of this tampering was provided – 18 years ago to John Pinnock, the Telecommunications Industry Ombudsman, The Hon Tony Staley, chair of the TIO counsel, David Hoare, chair of the Telstra board and Telstra’s then-CEO Ziggy Switkowski, AO, was that evidence not investigated immediately? The following nonfeasance link nonfeasance suggests Ziggy Switkowski and the new Telstra CEO Andrew Penn and chair John Mullins have a moral and legal obligation to investigate the criminal misconduct committed by previous employees during my government-endorsed arbitration.

How can Ziggy Switkowski call a whistleblower a thief when he has been covering up Telstra’s submission of known false information into arbitration in order to stop a proper investigation into the COT cases complaints (see Tampering With Evidence – Open Letter File Nos/3637and File No/38? I ask Mr Switkowski if, when he recently spoke against whistleblowers criticising the ongoing problems of the NBN rollout, he recalled what he knew concerning the state of the ageing Telstra copper-wire network and that it was concealed when the COT cases, with businesses so severely affected they were forced to spend hundreds of thousands of dollars in arbitration fees in attempts to have the faults rectified in order to operate their telephone-dependent businesses?

On 2 April 2014, Dr Switkowski was appointed as Chief Executive Officer of Australia’s National Broadband Network (NBN). His current term will expire on 2 October 2022. Will Dr Ziggy Switkowski, Dr Gordon Hughes (previous COT arbitrator) and Warwick Smith (administrator to those arbitrations) collectively, or singularly, advise the government they were morally wrong to conceal these crimes committed during a government-endorsed arbitration process?

It will be apparent the following information (see  Open Letter File No/41/Part-One and File No/41 Part-Two), that the tampering with evidence during my arbitration was ignored in 1996, by the newly elected Minister for Communications The Hon Richard Alston and his Chief of Staff Paul Fletcher, less than two years after this crime had been committed.

A letter I received from Mr Paul Fletcher, dated 4 September 1996 (see  Open Letter File No/41/Part-One), notes:

“In addition, I have examined the material you sent me.

“On the basis of the information I have received, I do not believe that there is any action in relation to your case that would be appropriate for the Minister to take at this time. The Minister has no power to intervene in the conduct of the COT arbitrations, which are being administered by the Telecommunications Industry Ombudsman.”

Absent Justice - Hon Paul Fletcher MP

On 26 May 2019, Paul Fletcher, became The Hon Paul Fletcher Australia’s Minister for Communications and the Arts (see  Media Release: Fletcher 'deeply honoured' to be appointed Minister for Communications, Cybersafety and the Arts  a portfolio he is professionally equipped to handle.

In 2019 and 2020, via my then Federal Member of Parliament the Hon Dan Tehan MP, the Hon Paul Fletcher refused to reinvestigate this crime and other crimes that were committed against me by the Telstra Corporation. Exhibit Telstra’s Falsified SVT Report shows these crimes affected the whole outcome of my arbitration and my ability to run my business on a level playing field with fellow competitors. The Hon Dan Tehan is aware of the validity of my claims, as was his predecessor the Hon David Hawker MP. That neither of them has the ability or power to get the government to investigate Telstra’s corporate thuggery clearly shows how corrupt Australia’s legal system is.

Telstra’s Falsified SVT Report shows affected the whole outcome of my arbitration.

Ann Garms OAM, one of the other original four COT cases put pen to paper telling her recollection of the events how she saw them unfold. Sadly, Ann was only able to produce seven chapters in her story "The Ultimate Betrayal" before she passed away in July 2018. Graham Schorer (COT spokesperson), with the assistance of his secretary Sharon and some guidance from me, produced a chronology of events on his own website JusticeComand.com (now decommissioned), but, due to illness, Graham cannot complete his story. As a show of respect, I have combined here, on Absentjustice my story, a chronology of events that links Graham’s story to mine (see CAV Part 1, CAV Part 2 and CAV Part 3.

It was important to link Major Fraud Group Transcript (1) and Major Fraud Group Transcript (2), because Major Fraud Group Transcript (1) shows Senator Ron Boswell, Graham Schorer (COT spokesperson), Bruce AkehurstTelstra), Mr Anthony Honner (another COT case) and Barry O’Sullivan (negotiator) discussing why the government did not allow my arbitration matters to be viewed by the Senate investigation into the five litmus COT test cases. To have investigated my matters would have impeded the privatisation of Telstra. The Major Fraud Group Transcript (2) shows Barrister Sue Owens explaining why the Major Fraud Group Barrister Neil Jepson seconded me into assisting the fraud group’s own investigations into claims the five litmus test cases registered concerning Telstra committing fraud. Page 11 of Major Fraud Group Transcript (2) shows Sue Owens stating I am “extremely intelligent” and that police also thought the same concerning my ability to detect wrongdoing. This Major Fraud Group investigation is also discussed on An injustice to the remaining 16 Australian citizens, who, like me, were discriminated against by the government – because to have properly investigated our matters would have impeded the sale of Telstra.

If the Telstra network condition was as, as the privatisation sale prospectus states it was, then why did Telstra use three known fraudulently manufactured reports as defence documents during my arbitration?

Blowing the whistle on Telstra’s corporate thuggery and those within the Australian Establishment who chose to conceal these crimes committed against us have cost us, Australian citizens, dearly.

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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 linked in the text.

Clicking on these links with your cursor will automatically open a PDF of the exhibit/evidence that a crime was committed. Using this method and following the various file numbers discussed in our various pages, you will verify our story. 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 the way we have is possibly a world first.

ABSENT JUSTICE HAS IT ALL.

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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

“…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

“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

“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

“…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

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

– Edmund Burke