Chapter Two
Tampering With Evidence File No 6 is a confidentiality agreement, dated 16 April 1995, prepared by Paul Westwood, Forensic Document Services Pty Ltd (FDS), in response to my request for his assistance in establishing the truth regarding my claims that Telstra’s TF200 report was fraudulently manufactured in order the gain a criminal advantage over me during my arbitration.
Had the arbitrator allowed FDS to investigate the beer matter, this Canberra-based forensic unit may well have uncovered what Telstra uncovered on 22 and 24 May 1994: Telstra manufactured the original arbitration report, which is provided to the arbitrator, in order to blacken my character as a drunk unable to run a business. Of course, exposing this fraudulent conduct by Telstra during my arbitration, instead of trying to expose this fraud over the past two decades, would have delivered me the justice I was entitled to. However, the arbitrator disallowed me the chance to prove my case. This rebuke came regardless of me having assisted the arbitration process by allowing Telstra and their forensic documents specialist (John Holland) access to my diaries.
It is also important to note that, like the Westwood confidentiality agreement, the fax imprint on the two pages identifies the sender and the date as 19 April 1995 but the receiving party is not identified. Since the name of this legal firm was the TIO-appointed special counsel to my arbitration it is surprising that, when they saw these photos, they didn’t immediately and officially call for an enquiry into why Telstra fraudulently manufactured this report. There was, however, no such enquiry. It is also important to note that when I asked the TIO, in December 1995, to investigate this further, freshly received evidence, that request was denied.
A very sinister aspect of this story brings the intentions of both the TIO and the arbitrator into question, as they were alerted to the fresh evidence, received under FOI and confirming Telstra deliberately fudged their original TF200 arbitration defence report, six months after my arbitration on 28 November 1995 and within the appeal time.
John Pinnock, TIO, refused to investigate (see page 3 of Arbitrator File No /49), and he knowingly deflected the truth surrounding the late arrival of this fresh evidence in his letter, dated 27 February 1996, to Laurie James, the then-president of the Institute of Arbitrators Australia.
That 27 February 1996 letter from the TIO to Laurie James attacked my credibility. The TIO deliberately misinformed Mr James that I had telephoned the arbitrator’s wife at 2 am:
“Mr Smith has admitted to me in writing that last year he rang [the arbitrator’s] home phone number (apparently in the middle of the night, at approximately 2.00am) and spoke to [the arbitrator’s] wife, impersonating a member of the Resource Unit.” (See Arbitrator File No /49, page 3)
If I did write to the TIO, as he alleges in his letter to Laurie James, why didn’t the TIO produce my letter? The reason is, of course, that I never wrote any such letter. And just as deceitful is the fact that the TIO’s letter to Laurie James was copied to the arbitrator.
This conclusive evidence, which I supplied to the TIO before he wrote to Laurie James, is located in Main Evidence File No 26, 27, 28 and Senate Evidence File No 22 and File No 23. Who advised the TIO that I telephoned at 2 am? The telephone account for the evening in question (also in Arbitrator File No /49) confirms I called at 8.02 pm. It is bad enough to see the lies told regarding the actual time that I made this telephone call, but it is perhaps even worse to discover that my reason for making that call was concealed from Mr James. I had phoned the arbitrator to alert him I received, on that day (28 November 1995), vital arbitration documents I should have received during my arbitration and these documents definitively prove Telstra’s TF200 EXICOM arbitration defence report was manufactured to pervert the course of justice.
Later, I informed the TIO about my exciting find and that I tried to contact the arbitrator to pass on the news. I also explained why I gave the arbitrator’s wife the arbitration project manager’s name, instead of my own, to prevent her being alarmed. I asked him what he would do with this proof that Telstra had fabricated the beer in the phone story. The TIO responded flatly that my arbitration had run its course and he did not intend to involve his office in any further investigation. He said I should go to the Supreme Court of Victoria if I wished to take it further. It was exciting to read that Telstra staff proved beer could not have stayed wet and sticky for 14 days – the time between the TF200 EXICOM leaving my premises and arriving at their laboratory. It was already evening but, in the heat of the moment, I rang the arbitrator’s home number. His wife answered and told me he was overseas and not due to home for some days. I was caught on the back foot; in my excitement, I had not considered the arbitrator would not answer the phone. I assumed the arbitrator had discussed the Parliament House rumours concerning his use of a non-credible agreement with his wife. I thought if she knew who was calling, she might be afraid I was ringing to accuse the arbitrator. Impulsively, I gave her the name of John Rundell: one I knew the arbitrator was familiar with – that of the arbitration project manager.
Between 28 November 1995 to May 1999 (well within the statute of limitations), I continued to ask John Pinnock (TIO) and the Hon Tony Staley, chairman of the TIO council, to investigate why Telstra was allowed to rely upon this fraudulently manufactured TF200 EXICOM report. No one assisted me in this matter. Surely the arbitrator would have discussed my telephone call with his wife and been told by her that I had telephoned at 8.02 pm and I was, at all times, courteous and respectful.
Tampering with legal evidence after it has been provided to an arbitration process for assessment is a serious crime: in my case, that illegal tampering included the introduction of a foreign substance into my telephone after it had been collected by Telstra from my premises and then the production of a deliberately falsified report about that phone, which was then submitted to the arbitrator during my official arbitration process, supposedly conducted under the ambit of the Victoria (Australia) Arbitration Act 1984. If this is not a crime, then what is?
How do you publish a true account of what really happened during a government-endorsed arbitration, where the arbitrator minimised the defendant’s financial liability – to the detriment of the claimant? How does an ordinary citizen expose this high-profile arbitrator i.e., Dr Gordon Hughes, who allowed his wife’s name to be used in a letter written by John Pinnock (the then Telecommunications Industry Ombudsman), to the president of the Institute of Arbitrators Australia, stating I admitted ringing his wife at 2 am in a letter when no such admission was made. Worse, Dr Hughes received a copy of John Pinnock’s letter and knew this 2 am statement was false and written to discredit my character and prevent the president of the Institute of Arbitrators Australia, Laurie James, from investigating my claims against Dr Hughes. Allowing his wife to be brought into a situation such as an investigation by the institute, while aware what was being said about the alleged 2 am phone call was untrue, shows Dr Hughes is clearly lacking in character. Why didn’t Mr Pinnock provide Mr James with a copy of my letter? Because he couldn’t: NO such letter was ever written.
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