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Taking On the Establishment

Absent Justice - My Story - Parliament House Canberra

In April 2006 the Australian Government officially agreed to investigate the issues now raised on absentjustice.com and then, since I had uncovered the evidence I needed to prove that my twenty-eight individual submissions were correct, the Government advised me to take the Telstra Corporation to the High Court.  Lack of funding meant, of course, that this was not possible, and so the Federal Government then suggested that perhaps the Victorian Government should investigate because, after all, the crimes were actually committed in Victoria.

The Victoria Government agreed to investigate in October 2007 and then discovered that many of the arbitration documents I had faxed to the arbitrator may have been intercepted by someone with access to Telstra’s network, so they too called a halt to their investigations.

In June 2009, incensed at what I had exposed concerning the COT arbitrator, the Hon Michael D Kirby AO, an ex-High Court Judge but then the President of the Institute of Arbitrators and Mediators Australia (IAMA), sent two of my twenty-eight submissions to Paul Crowley, the CEO of the IAMA and advised me, in writing, that Mr Crowley would be contacting me.  Mr Crowley then phoned me and confirmed that the IAMA Ethics and Professional Affairs Committee would investigate and that discussion was followed by some five different emails from the IAMA between July and October 2009, confirming that the IAMA was still investigating my evidence.  Between 2011 and 2014 however, the IAMA notified me that they would not hand down a finding in relation to my claims and nor would they return my evidence.

In 2015, after putting a number of my documents up on my LinkedIn site, a number of offshore lawyers emailed me to express their shock and disbelief in relation to my situation.  One of them, a lawyer practicing in the Egyptian Court in Cairo, said that he would be willing to provide his legal opinion regarding six separate areas where he believed the arbitration process had failed the first four COT claimants and so, with his permission, I then sent a copy of his two-page document to the Australian Federal Police, along with his name, although I decided not to publish his name on the website.  Since then he has notified me that I can now identify him in any manuscript I might prepare regarding the first four COT arbitrations, and I can also explain his reasons for believing that the arbitration process failed the COTs.  We have now been corresponding in relation to the arbitration process for the last eighteen months.

So, on one hand, we have two Australian Government investigations and one IAMA investigation that have all apparently ended, but not one of those three will hand down a finding.  On the other hand, an Egyptian legal advisor on LinkedIn clearly sees injustices that he is prepared to put his name to, if or when I publish my manuscript “Absent Justice.”

Because Alaa, my Egyptian lawyer LinkedIn contact is a Muslim residing overseas I provided his legal advice concerning the unethical way in which he notes my arbitration was conducted to the Australian Federal Police as a testament that what Alaa see’s as injustice is true and correct.

Telstra management and Telstra employees actually committed numerous crimes against the COT claimants – ordinary Australian citizens who were only trying to run their businesses. It is clear there was only one reason for these multiple Telstra crimes: to stop the public from learning just how seriously faulty Telstra’s copper-wire network really was. And they achieved that aim – so far – for close to 24 years. Even more scandalous is that someone on Telstra’s management team was able to force a legally appointed arbitrator to use an agreement (i.e., the rules of the process) that Telstra, themselves, drafted; with limited time-frames so the COT claimants did not have enough time to properly prepare their claims. Although his technical advisers warned the arbitrator, in writing, that they had still not finalised their investigations into my losses and therefore their report was not complete, the arbitrator still went ahead and completed my arbitration before reporting the deficiencies in the agreement to the Telecommunication Industry Ombudsman. Once the arbitrator recognised the deficiencies in the agreement, he should have abandoned my arbitration and started again with a truly independently designed agreement. He did NOT.

Perhaps even more unbelievable is that the COT cases received no recognition, from either the government or Telstra, for our stand for honesty and truth; instead, we have been treated in the worst possible way, labelled as vexatious litigants and our lives have been ruined, simply because we believed that what we were doing would eventually benefit all Australians.

Absent Justice - Crimes Against the COT claimants

At the time, those COT Cases who had NOT already lost their businesses (as a direct result of the poor network services provided by Telstra) didn’t know that, after being pressured into signing up to the arbitration process, once they had been actually locked in to that process, the ongoing telephone problems that sent those claimants into arbitration in the first place were then covered up by the arbitration process so that the arbitrator then only awarded the claimants for damage caused BEFORE they went into arbitration, while completely ignoring the problems that continued to haunt those businesses and, eventually, drive them to the wall. In other words, the arbitration process was nothing but a ruse that led to the COT Cases paying dearly while Telstra played catch-up, and the end result of all that was a very poor, Australia-wide, National Broadband Network (NBN) system as the following segments show below.

As we started to tell our COT vs Telstra arbitration stories and placing each collusive and deceitful act into some sequence, we found many further acts of collusion and deceit committed by others outside of our arbitrations. As the website grows, we have discovered some issues relate to more than one event and, in fact, are often linked to multiple events and therefore one event may need repeating in different sections of the website, to enable the depth of the corruption and illegal activities committed during the arbitration to be fully understood. Hence a number of previously detailed situations in other parts of absentjustice.com are used here, again, and we make no apology for that.

It became obvious many problems experienced by the COT cases originated from either negligence or deliberate malfeasant on the part of a number of government agencies. Therefore, we have used page 3 of the Australian Herald Sun newspaper dated 22 December 2008, written under the heading Bad bureaucrats as proof that government public servants need to be held accountable for their wrongdoings.

“Hundreds of federal public servants were sacked, demoted or fined in the past year for serious misconduct. Investigations into more than 1000 bureaucrats uncovered bad behaviour such as theft, identity fraud, prying into file, leaking secrets. About 50 were found to have made improper use of inside information or their power and authority for the benefit of themselves, family and friends“

It is also most important to link how, on 2 February 1995, AUSTEL (the Government Communications Regulator) public servants decided to withhold their true findings from the then-Minister for Communications, Michael Lee MP, regarding the deficient arbitration Service Verification Tests (SVT) conducted at my Cape Bridgewater business on 29 September 1994. My own story on the website absentjustice.com includes examples of the way some bad bureaucrats clearly favoured Telstra during the COT arbitrations, to the detriment of the claimants. Altering the facts of their findings is appalling enough but, according to the Telecommunications Act 1991, AUSTEL was duty-bound, under Section 342 of the Act, to provide the Communications Minister (the Hon Michael Lee MP) with all of their findings regarding the deficiencies in their Cape Bridgewater Holiday Camp SVT process.

We will never know what action the Hon Michael Lee MP might have taken in 1994, had the government bureaucrats advised the Minister that the SVT testing at my Cape Bridgewater business had not occurred according to mandatory government communications regulatory specifications. On 12 December 1994, as part of Telstra’s arbitration defence, it was stated under oath to the arbitrator in my case, that all three of the service lines tested at my holiday camp on 29 September 1994, had exceeded all of AUSTEL’s specifications. However, the person who made this statement could not get the SVT monitoring device to work in conjunction with its sister device installed at the Cape Bridgewater unmanned roadside exchange.

It is clear from Telstra's Falsified SVT Report  that these tests had not been performed, however, Telstra stated under oath that they had been. Further exhibits on absentjustice.com and Telstra correspondence to AUSTEL during November 1994, show that Telstra dictated to AUSTEL which information they could or could not provide to the Australian public concerning the SVT testing process of the six cases tested to that date, which included my business.

In simple terms, in 1994 Telstra called the shots on how the government, as the regulator during the COT arbitrations, could or could not proceed. Sadly, the Herald Sun statement concerning corrupt conduct of government bureaucrats suggests this conduct was still present in their ranks 14 years after the COT arbitrations.

The COT Cases themselves have been saying for years that, if AUSTEL and Telstra had properly advised the relevant government communications ministers of the truth about the poor condition of the copper-wire network, some of the decisions made by those government ministers during the selling off of Telstra and the upgrade of its infrastructure, might have been completely different. The latest news (in 2018) regarding the NBN (see  NBN boss blames Government's reliance on copper for slow speeds and dropouts ) suggests that someone should have been listening to the complaints that the COT Cases lodged in relation to the ongoing problems that continued to haunt them, even after their arbitrations were over, and they should have been listened to as a priority.

When the COT Cases disclosed to the various Telecommunication Industry Ombudsman (TIO-bureaucrats) the truth surrounding how bad Telstra’s network was affecting their businesses those bureaucrats were recycled into another position where they assisted the powers to be to conceal the truth in what the COT Cases had proved.

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‘Absent 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 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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“…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

“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.”

The Hon David Hawker MP

“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

“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

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

– Edmund Burke