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Corruption in Arbitration

Absent Justice - An Exercise In Logic

An Exercise In Logic

Absent justice is about exposing the truth and helping people find true justice.  This is the story of Fraud, Maleficent conduct, corruption, which became common practice in the COT arbitrations. Learn about the horrendous crimes committed by an unscrupulous arbitrator.

The following bad bureaucrat information, under the heading Important Comparisons, is just one example from a long list of crimes committed by bad bueucrats during my arbitration, and it is the combination of those criminal activities that has destroyed the last 20 or more years of my life and that of my partner. Living with corruption perpreated by others for their profit and not for a fair assessment of you arbitration claim has been one of the hardist situations to live with. 

The fact that the previous COT Case Arbitration Project Manager is currently in 2022 running two arbitration centres around the globe, one in Melbourne and the other in Hong Kong, shows that corruption and wrongdoings can profit the bad bureaucrat when another bad bureaucrat is protecting that bad bureaucrat. And so the cycle of Bad bureaucrats multiplies itself. Trying to control these wrongdoings committed by these Bad bureaucrats is no different than trying to extinguish a raging bushfire with a garden hose. 

Important Comparisons

The list of documents (see Arbitrator File No/22) the arbitration resource unit sent to Canada for assessment does NOT include a comprehensive log of my fault complaints, although it does include 10 volumes of Telstra’s defence documents to address the three bound volumes of my claim documents (instead of the 17 that should have been sent).

Arbitrator File No/31 also confirms that no comprehensive log of my fault complaints was assessed, either in Canada or in Australia. None of the numbered claim documents that Garry Ellicott and Barry O’Sullivan submitted were assessed either.

 Arbitrator File No/32 is a list of claim documents numbered SM2, SM16, SM 17, SM20, SM21, SM45, SM46, SM47, SM48, SM49, SM50 and SM53. These documents are missing from Files No 22 and 31. This document illustrates Barry and Garry’s numbering system and shows that, on my behalf, they sent the arbitrator another seven folders that included documents numbered 1-200, 200-400, 400-600, 600-800, 800-1,000, 1,000-1289 and 2,001-2,158, i.e. a total of 2,158 documents, further to the other documents labelled as SM.

Both of these almost-identical reports are dated 30 April 1995. However, one was supposed to be a draft version and the other was supposed to be the final version. How can one include a list of 17 bound submissions, examined by the technical consultants, while the other lists only three; but both versions state that the same 4,000 documents were examined? These reports indicate that every single one of the extra 3,000 documents were apparently assessed on 30 April 1995, the day that both the reports were dated, which is clearly not even remotely possible.

An Exercise in Logic

3000 Ericsson related fault documents never investigated 

If one version of the report shows that there are 14 sets of claim documents (3,000 more documents allegedly assessed than what was attached to the other version) produced on the same day?  How could the technical resource consultants DMR & Lane have assessed 3,000 extra Ericsson AXE fault   technical documents in the space of one single day when they were withheld from being investigated by the arbitrator? (See also Chapter 1 - The collusion continues).  

As an exercise in logic, let us assume consultants from the Canadian and Australian consultancies were able to assess, collate and understand the relevance of those 3,000 technical documents in the one day available. Where are the results of that phenomenal assessment? There are no references to assessments of the Ericsson AXE billing documents in the so-called ‘final’ version of the DMR & Lane report and/or draft report. The only reference to billing issues in the arbitrator’s secret version indicates the need for extra weeks to assess my Ericsson AXE claim documents – making it blatantly obvious that the Canadian and Australian consultants were not able to magically assess, collate and understand the relevance of those 3,000 Ericsson AXE claim documents in a working day.

Obviously, it is not humanly possible to read all 3,000 Ericsson AXE documents even briefly, let alone check complex calculations too.

PLEASE NOTE:

If you read Chapter 1 - The collusion continues to Chapter 3 - The Sixth Damning Letter, you will understand why the Arbitration Project Manager mentioned should not be operating an arbitration centre in Melbourne and Hong Kong in 2022.

The following link is from John Rundell’s own website – http://John Rundell & Co | Arbitration | Mediation |  – in which he promotes:

“As Technical Expert to 6 major Arbitrations known as the ‘Casualties of Telecom’ Cases, one of Australia’s most protracted and complex arbitration processes.”

However, Mr Rundell fails to mention that his letter to the arbitrator, administrator and legal counsel Open letter File No/45-A discusses how he intended to transfer Lane Telecommunications’ technical findings onto the letterhead of DMR (who was flown out from Canada to assess my arbitration claim) to imply that Paul Howell of Canada had prepared the report. Evidence on my website absentjustice.com shows Lane did all the assessment before being purchased by Ericsson of Sweden (see below).

Likewise, there is nothing on his website stating he told Mr Pinnock (the second appointed administrator to my arbitration) on 15 November 1995 that: “As no further progress was likely to be made on these matters, the formal version of the Technical Evaluation Report did not leave the billing issues open.” (See File 45-A Open letter File No/45-A) Chapter 1 - The collusion continues shows they were left “open” 

In fact, when Paul Howell from Canada learned what was taking place he wrote in the formal DMR and Lane Report, at point 2.23, that:

“Continued reports of 008 faults up to the present. As the level of disruption to overall CBHC [Cape Bridgewater Holiday Camp] service is not clear, and fault causes have not been diagnosed, a reasonable expectation is that these faults would remain ‘open’.

AUSTEL’s Adverse Findings report was adamant the COT cases’ telephone problems must be fixed before the arbitrator could bring down formal findings; Telstra had to prove claimants’ ongoing telephone problems were fixed. (After all, what was the purpose of an arbitration process if claimants’ businesses were still affected by the ongoing problems that brought them into the process in the first place?

Mr Rundell also fails to mention that my financial advisor Derek Ryan wrote to the Shadow Minister for Communications Senator Richard Alston and John Pinnock (see File 45-E Open letter File No/45-E) telling them John Rundell admitted the financial report on my losses was not a full and complete report when submitted to arbitration:

“On 17 May I telephoned John Rundell, and he stated that he was unable to discuss anything with me until the appeal period had expired.” That statement, “… until the appeal period had expired”, reveals the calibre of Mr Rundell’s attitude:i.e., he recognised the advantages for Telstra if I was forced to wait for the appeal period to elapse before the truth was exposed. (See Chapter 2 - Inaccurate and Incomplete)

In fact, after my accountant, Derek Ryan, explained in his letter what he saw as gross unethical conduct concerning the submission of an incomplete financial report being disguised as a complete formal report being submitted, Mr Rundell wrote to John Pinnock (see File 45-E Open letter File No/45-E) stating: “I did advise Mr Ryan that the final report did not cover all material and working papers.”

To find out more about this trickery and deception, please read Chapter 1 - The collusion continues to Chapter 5 - The Eighth Damning Letter to learn how grossly unethical the seat of arbitration is in Australia.

Chapter 1 - The collusion continues
Chapter 1 - The collusion continues
Corruption in government, including non-government self regulators undermines the credibility of that government. It erodes trust by its citizens who are left without guidance. Bribery and Corruption is the cancer that destroys economic growth.

Chapter 2 - Inaccurate and Incomplete
Chapter 2 - Inaccurate and Incomplete
Corruption in government, including non-government self regulators undermines the credibility of that government. It erodes trust by its citizens who are left without guidance. Bribery and Corruption is the cancer that destroys economic growth.
Chapter 3 - The Sixth Damning Letter
Chapter 3 - The Sixth Damning Letter
Corruption in Arbitration and in government, including non-government self regulators undermines the credibility of that government. It erodes trust by its citizens who are left without guidance. Bribery and Corruption is the cancer that destroys economic growth.
Chapter 4 - The Seventh Damning Letter
Chapter 4 - The Seventh Damning Letter

Corruption in government and evil wrongdoings throughout the COT arbitrations allowed fraud and misconduct to spuriously cheat the COT Cases out of a fair arbitration resolution of their claims. 

Chapter 5 - The Eighth Damning Letter
Chapter 5 - The Eighth Damning Letter

Corruption in government must be stopped and cleansed of justice to come back into the arbitration system in Australia. The Australian seat of arbitration in Australia needs a fresh approach. A new governing body that is impartial. 

Chapter 6 - Criminal Conduct
Chapter 6 - Criminal Conduct

The serious issues raised about corruption during the COT arbitrations were never investigated. The arbitrations were not conducted under the rule of law. The Institute of Arbitrators and Mediators who studied this matter still needs to bring down a finding. 

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...

IT'S FREE!! 

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.

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

“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

“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.”

Hon David Hawker

“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

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

– Edmund Burke