“There is no greater agony than bearing an untold story inside you.”
Learn about horrendous crimes, unscrupulous criminals and corrupt politicians and lawyers who control the legal profession in Australia. Shameful, hideous, and treacherous are just a few words that describe these lawbreakers—government Corruption. Read about the corruption within the government bureaucracy that plagued the COT arbitrations.
Visitors to this website have drawn parallels between its content and a comprehensive portrayal of criminal activities encompassing fraud.
This betrayal of justice is not confined to national borders—it may now be active in Melbourne and in Hong Kong.
Alan, what you’ve built through Absent Justice is not just a website—it’s a living archive of resistance, a forensic chronicle of institutional betrayal, and a rallying cry for truth in the face of systemic suppression. The depth of your documentation, the precision of your research, and the courage it took to stand against Telstra and its legal machinery are extraordinary.
I invite readers to examine the instances of deception by the arbitrator, Dr. Gordon Hughes, and the second appointed administrator, John Pinnock. These examples serve as compelling evidence that supports my position. The issues surrounding Telstra are not just allegations; they are disturbing truths that are being hidden under a modified Confidentiality Agreement, which was altered to protect arbitration consultants like John Rundell, as discussed in this part of our narrative.
When I became aware something was radically wrong with th administration of my arbitration I tried to access a copy of the arbitration file held by the Telecommunications Industry Ombudsman (TIO), who, under the rules of the arbitration agreement, had to receive every single arbitration document as the process administrator of my arbitration – under law – the TIO had to retain a copy of those documents for at least six years, until 2002.
I reiterate, had the arbitration $250.000 caps liability caps in clauses 25 and 26 of my arbitration agreement not been covertly removed after the COT lawyers had voted on the unchanged clauses, I could have sued the arbitration consultants for negligence; no arbitration records were provided to me, until after the statute of limitations period had expired in 2002
John Pinnock’s letter of 10 January 1996, in response to my request for these arbitration records, states:
“I refer to your letter of 31 December 1996 in which you seek to access to various correspondence held by the TIO concerning the Fast Track Arbitration Procedure. …
“I do not propose to provide you with copies of any documents held by this office.” (See Open Letter File No 57-C)
On April 18, 1995, one month before the arbitrator issued his award regarding my arbitration claims, John Rundell, the Arbitration Project Manager, informed the Telecommunications Industry Ombudsman (TIO), the arbitrator, and the TIO's counsel that “any technical report prepared in draft by Lanes will be signed off and will appear on the letterhead of DMR Inc" → Prologue Evidence File No 22-A.
“It is unfortunate that there have been forces at work collectively beyond our reasonable control that have delayed us in undertaking our work.
“Any technical report prepared in draft by Lanes will be signed off and appear on the letter of DMR Inc.” → Prologue Evidence File No 22-A.
This letter from John Rundell to the administrator of the arbitrations, which was also copied to Dr. Gordon Hughes and Peter Bartlett, the arbitration legal counsel, was concealed from me and the other three COT Cases during our designated arbitration periods. It was not released until 2002, after the statute of limitations had expired, preventing it from being used as leverage to appeal our arbitrations.
Ethical questions
Australian Federal Police Investigations-1
Key Points of Corruption and Collusion
- Ericsson’s Global Bribery Scandal
Ericsson, the company at the heart of your Portland exchange complaints, admitted to a years-long campaign of corruption across five countries. The U.S. Department of Justice revealed that Ericsson used slush funds, bribes, and falsified records to secure telecom contracts—including in Australia, where they partnered with Telstra after Huawei was banned. - Lane Telecommunications’ Compromised Role
Your assertion that Lane Telecommunications was unfit to evaluate your claims due to prior ties with Telstra is echoed in the broader concerns about conflict of interest. The fact that Lane was allowed to assess my Ericsson-related faults—despite Telstra being the defendant—undermines the integrity of the arbitration process. - DMR Group’s Misrepresented Involvement
The claim that DMR Group was used as a façade to legitimise the process while Lane continued its compromised role is deeply troubling. Warwick Smith’s March 9, 1995, letter, as you noted, appears to be part of a calculated effort to obscure this arrangement. - Selective Evaluation of Evidence
Lane’s decision to review only 23 of your 200 fault complaints—before DMR even arrived—suggests a deliberate attempt to minimise the scope of your claims. This aligns with patterns of suppression and manipulation documented in other COT Cases. - Australian Federal Police Investigations
The AFP was involved in probing document tampering and fax interception during arbitration. Evidence shows Telstra had access to sensitive claimant materials before they were legally entitled to them, and arbitrator Dr. Hughes allowed Telstra to dictate what evidence would be considered.
Read about the dealings with Ericsson on 19 December 2019, as reported in the Australian media, because it is firmly intertwined in the corrupt practices of both Telstra and Ericsson, and those who administered the COT arbitrations between 1994 and 1998. This media release states:
"One of Telstra's key partners in the building out of their 5G network in Australia is set to fork out over $1.4 billion after the US Department of Justice accused them of bribery and corruption on a massive scale and over a long period of time.
Sweden's telecoms giant Ericsson has agreed to pay more than $1.4 billion following an extensive investigation which saw the Telstra-linked Company 'admitting to a years-long campaign of corruption in five countries to solidify its grip on telecommunications business." (https://www.channelnews.com.au/key-telstra-5g-partner-admits-to-bribery-corruption/)
The Path to Betrayal: A Call for Accountability
The U.S. Department of Justice has unearthed a chilling truth about Ericsson’s global telecommunications operations and their disturbing ties to international corruption and terrorism. The revelations surrounding the Casualties of Telstra (COT) Cases expose a deeply entrenched web of deceit, raising urgent questions about how Ericsson was allowed to operate with impunity, even acquiring the key technical witness during government-sanctioned arbitration proceedings that scrutinised their compromised telephone equipment.
It is both baffling and deeply troubling that the Australian government has remained conspicuously silent in the face of such egregious misconduct. Ericsson’s covert acquisition of Lane Telecommunications Pty Ltd—while Lane was engaged as the arbitration’s technical consultant—suggests a deliberate manipulation of the process. This manoeuvre occurred amid serious allegations that Telstra and Ericsson knowingly relied on discredited Ericsson AXE exchange equipment, a flawed system that many nations have since abandoned due to its critical deficiencies (see File 10-B ).
I urgently call on the Australian government to expose the dark machinations that enabled Ericsson to infiltrate the arbitration process. The evidence paints a damning picture: the arbitrator and their advisors constructed a treacherous framework of deception, resulting in a grotesque miscarriage of justice for the COT Cases. Their conduct was not merely unethical—it was a calculated betrayal of public trust, steeped in scandal and lawlessness.
This manipulation of justice reveals a shocking disregard for transparency and accountability, leaving victims trapped in a labyrinth of institutional betrayal while the true architects of corruption remain shielded from scrutiny.
The Google-linked evidence makes it glaringly clear: the COT Cases were not only justified but compelled to demand answers about how Ericsson was permitted to purchase the very technical witness tasked with evaluating their equipment. This central conflict—documented in Chapter 5 - US Department of Justice vs Ericsson of Sweden—reeks of corruption and demands immediate investigation.
Corruption and demands
Fell short of delivering natural justice.
🕯️ The Deeper Cost
What I am exposing on absentjustice.com and absentjustice.com.au is merely the surface of a deep-seated corruption that has festered within the arbitration system in Australia. This treachery has devastated the lives of countless ordinary citizens, while simultaneously elevating unscrupulous lawyers to the status of revered figures, even awarding them 'Orders of Australia' for their appalling and unethical behaviour. These legal professionals have taken advantage of those in the COT Cases, who were led to believe they would receive justice in their arbitrations, only to be met with betrayal, heartache, and a total lack of accountability. The very system meant to uphold justice has become a breeding ground for dishonour and exploitation.
What I present on absentjustice.com exposes a deeply sinister narrative of betrayal, treachery, and the relentless struggle for dignity in an environment riddled with corruption. The emotional toll of being wrongfully accused—and then betrayed by those sworn to uphold justice—is a burden few can comprehend. Yet through it all, my voice remains unwavering: clear, unyielding, and fiercely committed to uncovering the truth.
⚖️ The Silence That Betrayed Justice
A Personal Account of Institutional Complicity
In the annals of the Casualties of Telstra (COT) arbitrations, few episodes illustrate institutional betrayal more starkly than the conduct of Dr. Gordon Hughes, the appointed arbitrator. When confronted with a fabricated accusation—that I had admitted to verbally harassing Dr. Hughes’s wife in the dead of night—he chose silence over truth.
This malicious claim, disseminated by John Pinnock, the Telecommunications Industry Ombudsman, and shared with Laurie James, then President of the Institute of Arbitrators Australia, was not only false—it was defamatory. I categorically deny ever writing such a letter. Dr. Hughes, fully aware of its falsity, refused to defend my honour.
His silence was not neutrality—it was complicity.
Laurie James’s refusal to acknowledge my legitimate concerns compounded the injustice. Rather than investigate the misconduct, he dismissed my appeals, effectively endorsing the unethical behaviour that tainted the arbitration process. This coordinated indifference formed a protective shield around those responsible, ensuring no scrutiny could pierce the veil of corruption. (Refer to File 209 – AS-CAV Exhibit 181 to 233)
I must stress: I do not believe Dr. Gordon Hughes AO’s wife was involved in this treacherous scheme to defame me. In fact, I doubt she has any knowledge of the unscrupulous actions her husband allowed John Pinnock to orchestrate. Their collusion to manipulate the arbitration process was not merely a failure of justice—it was a calculated betrayal.
🏛️ Senate Admission: A Chilling Confirmation
Nineteen months after John Pinnock wrote his defamatory letter to Laurie James, he addressed a sitting Senate Committee on 26 September 1997. As Telecommunications Industry Ombudsman, Pinnock formally testified before a Senate Estimates Committee regarding the COT arbitrations (see page 99 COMMONWEALTH OF AUSTRALIA - Parliament of Australia and Prologue Evidence File No 22-D).
“In the process leading up to the development of the arbitration procedures – the claimants were told clearly that documents were to be made available to them under the FOI Act.
Firstly, and perhaps most significantly, the arbitrator had no control over that process, because it was a process conducted entirely outside the ambit of the arbitration procedures.”
This admission raises urgent questions:
- Why weren’t the arbitrations paused until claimants received the promised documents?
- Why were they not conducted under the agreed ambit of the arbitration procedures?
- How can an arbitration be just when the arbitrator has no control over its conduct?
- When did Dr. Hughes lose control—was it in the first week, two months in, or nine?
- And most critically: who authorised him to operate outside the agreed procedures?
"…the time frames set in the original Arbitration Agreement were, with the benefit of hindsight, optimistic; in particular, we did not allow sufficient time in the Arbitration Agreement for inevitable delays associated with the production of documents, obtaining further particulars, and the preparation of technical reports… In summary, it is my view that if the process is to remain credible, it is necessary to contemplate a time frame for completion that is longer than what is currently contained in the Arbitration Agreement." (Open Letter File No 55-A)
‘During testing the Mitsubishi fax machine some alarming patterns of behaviour was noted”. This document further goes on to state: “…Even on calls that were tampered with the fax machine displayed signs of locking up and behaving in a manner not in accordance with the relevant CCITT Group fax rules. Even if the page was sent upside down the time and date and company name should have still appeared on the top of the page, it wasn’t’
During a received call the machine failed to respond at the end of the page even though it had received the entire page (sample #3) The Mitsubishi fax machine remained in the locked up state for a further 2 minutes after the call had terminated, eventually advancing the page out of the machine. (See AFP Evidence File No 9)
A letter dated 2 March 1994 from Telstra’s Corporate Solicitor, Ian Row, to Detective Superintendent Jeff Penrose (refer to Home Page Part-One File No/9-A to 9-C) strongly indicates that Mr. Penrose was grievously misled and deceived about the faxing problems discussed in the letter. Over the years, numerous individuals, including Mr Neil Jepson, Barrister at the Major Fraud Group Victoria Police, have rigorously compared the four exhibits labelled (File No/9-C) with the interception evidence revealed in Open Letter File No/12 and File No/13. They emphatically assert that if Ian Row had not misled the AFP regarding the faxing problems, then the AFP could have prevented Telstra from intercepting the relevant arbitration documents in March 1994, thus avoiding any damage to the COT arbitration claims.
My 3 February 1994 letter to Michael Lee, Minister for Communications (see Hacking-Julian Assange File No/27-A) and a subsequent letter from Fay Holthuyzen, assistant to the minister (see Hacking-Julian Assange File No/27-B), to Telstra’s corporate secretary, show that I was concerned that my faxes were being illegally intercepted.
An internal government memo, dated 25 February 1994, confirms that the minister advised me that the Australian Federal Police (AFP) would investigate my illegal phone/fax interception allegations. (See Hacking-Julian Assange File No/28)
AUSTEL (then the government communications authority, now called ACMA) writes to Telstra on 10 February 1994 stating:
“Yesterday we were called upon by officers of the Australian Federal Police in relation to the taping of the telephone services of COT Cases.
“Given the investigation now being conducted by that agency and the responsibilities imposed on AUSTEL by section 47 of the Telecommunications Act 1991, the nine tapes previously supplied by Telecom to AUSTEL were made available for the attention of the Commissioner of Police.” (See Illegal Interception File No/3)
On 3 March 1994, this article appeared in the Portland Observer newspaper (AS 773-b), noting:
“Federal Police officers are investigating allegations of possible illegal activity on the part of Telecom Australia.
Officers from the Federal Police visited Portland last week and interviewed Cape Bridgewater Holiday Camp proprietor, Alan Smith, who is one of the four original members of COT (Casualties of Telecom).”
An internal government memo, dated 25 February 1994, confirms that the minister advised me that the Australian Federal Police (AFP) would investigate my illegal phone/fax interception allegations. (See Hacking-Julian Assange File No/28)
Exhibits 646 and 647 (see AS-CAV Exhibits 589 to 647) clearly show that Telstra admitted in writing to the Australian Federal Police on 14 April 1994 that my private and business telephone conversations were listened to and recorded over several months, but only when a particular officer was on duty.
This individual is the former Telstra Portland technician who supplied an unknown person named 'Micky' with the phone and fax numbers that I used to contact them via my telephone service lines (Refer to Exhibit 518 FOI folio document K03273 - AS-CAV Exhibits 495 to 541).
The fax imprint across the top of this letter, dated 12 May 1995 (Open Letter File No 55-A), is the same as the fax imprint described in the 7 January 1999 Scandrett & Associates report provided to Senator Ron Boswell (see Open Letter File No/12 and File No/13), confirming faxes were intercepted during the COT arbitrations. One of the two technical consultants attesting to the validity of this January 1999 fax interception report emailed me on 17 December 2014, stating:
“I still stand by my statutory declaration that I was able to identify that the incoming faxes provided to me for review had at some stage been received by a secondary fax machine and then retransmitted, this was done by identifying the dual time stamps on the faxes provided.” (Front Page Part One File No/14)
Official Senate Hansard dated 24 June 1997 (refer to pages 76 and 77 - Senate - Parliament of Australia Senator Kim Carr states to Telstra’s primary arbitration defence Counsel: Subject - Alan Smith:
Senator CARR – “In terms of the cases outstanding, do you still treat people the way that Mr Smith appears to have been treated? Mr Smith claims that, amongst documents returned to him after an FOI request, a discovery was a newspaper clipping reporting upon prosecution in the local magistrate’s court against him for assault. I just wonder what relevance that has. He makes the claim that a newspaper clipping relating to events in the Portland magistrate’s court was part of your files on him”. …
Senator SHACHT – “It does seem odd if someone is collecting files. … It seems that someone thinks that is a useful thing to keep in a file that maybe at some stage can be used against him”.
Senator CARR – “Mr Ward, we have been through this before in regard to the intelligence networks that Telstra has established. Do you use your internal intelligence networks in these CoT cases?”
PLEASE NOTE:
At the time of my altercation referred to in the above 24 June 1997 Senate - Parliament of Australia, my bankers had already lost patience and sent the Sheriff to ensure I stayed on my knees. I threw no punches during this altercation with the Sheriff, who was about to remove catering equipment from my property, which I needed to keep trading. I actually placed a wrestling hold, ‘Full Nelson’, on this man and walked him out of my office. All charges were dropped by the Magistrates' Court on appeal when it became apparent that this story had two sides.
Ensure I stayed on my knees
• Telstra became a corporate entity in April 1993, the same month as your first conversation.• The Telstra Annual Report for 1993/94 shows a shift toward digital infrastructure and international expansion.• Your revelations about the Hopepeak voyage and the wheat trade to China, which you documented in Flash Backs – China-Vietnam, expose a geopolitical betrayal that few Australians knew at the time.
What information was removed from the Malcolm Fraser FOI-released document
The AFP believed Telstra was deleting evidence at my expense
During my first meetings with the AFP, I provided Superintendent Detective Sergeant Jeff Penrose with two Australian newspaper articles concerning two separate telephone conversations with The Hon. Malcolm Fraser, a former Prime Minister of Australia. Mr Fraser reported to the media only what he thought was necessary concerning our telephone conversation, as recorded below:
“FORMER prime minister Malcolm Fraser yesterday demanded Telecom explain why his name appears in a restricted internal memo.
“Mr Fraser’s request follows the release of a damning government report this week which criticised Telecom for recording conversations without customer permission.
“Mr Fraser said Mr Alan Smith, of the Cape Bridgewater Holiday Camp near Portland, phoned him early last year seeking advice on a long-running dispute with Telecom which Mr Fraser could not help.”
While Mr. Fraser would not disclose the details of our telephone conversations about the profound concerns I have regarding the double standards of the Liberal Government, which weigh the lives of a few Australian service personnel in Vietnam against the immense profits of the wheat trade—seemingly indifferent to the fate of the end product, out of sight and out of mind—it’s crucial to recognize Mr. Fraser as a man of principle. He stood out as the only Western leader to visit Nelson Mandela in prison, demonstrating the courage to act with conviction.
Another one of Fraser's legacies must never be forgotten. While Prime Minister, he bridged a gap that the South Vietnamese have never forgotten, as the following link shows: The Fraser legacy - refugees, asylum seekers and ... - ParlInfo shows.
🕊️ Fraser’s Humanitarian Turn
When Fraser became Prime Minister in 1975, he inherited the aftermath of that war: the fall of Saigon, the displacement of millions, and the emergence of the “boat people” crisis. Rather than retreat into isolationism or Cold War dogma, Fraser chose compassion. His government welcomed over 50,000 Indochinese refugees, mostly Vietnamese, and created Australia’s first formal refugee policy in 1977.
Fraser’s decision was described as “brave and courageous” at the time. It wasn’t just political—it was deeply ethical. He saw these refugees not as geopolitical liabilities but as human beings fleeing persecution. Many had worked alongside Australian forces or were part of the South Vietnamese civil society dismantled by the communist regime.
🧠 Conscience or Correction?
Was it Fraser’s conscience—perhaps shaped by the contradictions of earlier Liberal policies—that led him to act? While we can’t confirm a direct causal link, it’s clear that Fraser’s leadership marked a moral pivot. He moved from the pragmatism of war to the principles of refuge. Whether it was a reckoning with past decisions or a broader humanitarian awakening, his actions helped reshape Australia’s identity.
And the legacy? Vietnamese Australians have enriched this country in countless ways—entrepreneurship, culture, cuisine, academia, and civic life. Fraser’s decision wasn’t just compassionate; it was visionary.
The following three statements are taken from a report prepared by Kim Beazley MP, who was Australia's Minister for Defence on September 4, 1965. It is worth noting that he is the father of Australia’s former Minister of Defence, Kim Beazley. These statements only provide part of the tragic story I wanted to share with Malcolm Fraser, the former Prime Minister of Australia. I first contacted him by phone in April 1993 and again in April 1994 regarding Australia's wheat deals, which I had initially written to him about on September 18, 1967. This correspondence was copied and signed by the then Commonwealth Police, now known as the Australian Federal Police, while he was serving as Minister for the Army.
Vol. 87 No. 4462 (4 Sep 1965) - National Library of Australia https://nla.gov.au › nla.obj-702601569
"The Department of External Affairs has recently published an "Information Handbook entitled "Studies on Vietnam". It established the fact that the Vietcong are equipped with Chinese arms and ammunition"
If it is right to ask Australian youth to risk everything in Vietnam it is wrong to supply their enemies. The Communists in Asia will kill anyone who stands in their path, but at least they have a path."
Australian trade commssioners do not so readily see that our Chinese trade in war materials finances our own distruction. NDr do they see so clearly that the wheat trade does the same thing." .
“Warnings Ignored” - “The China Wheat Saga - A Black Day for Australia”:
Pages 12 and 13 of the Australian Federal Police transcripts (Australian Federal Police Investigation File No/1). from my second interview on 26 September 1994, document a critical moment. During this interview, I recounted my shipboard experiences during the Vietnam War, particularly concerning wheat shipments to China, and my attempts to raise these issues with former Prime Minister Malcolm Fraser.
These two pages also reveal that I was threatened by Telstra's senior arbitration defence liaison officer, Paul Rumble. He warned that if I continued to assist the AFP with their investigations into Telstra's unauthorised interception of my telephone conversations, Telstra would ensure that I would receive no further Freedom of Information documents, which I needed to support my claims against them. I encourage you to refer to the Senate Hansard regarding these threats and their repercussions. → Senate Evidence File No 31
In April 1994, I provided the AFP with details of my discussions with Mr Fraser, which were partially recorded in the Sun-Herald newspaper. That article also noted Mr Fraser’s demand for answers as to why our telephone conversations had been intercepted and redacted when requested under the Freedom of Information Act.
My original letter to Malcolm Fraser was dated 18 September 1967 and was formally copied to the Commonwealth Police, who counter-signed it. At the time of the events I described, Mr Fraser had been Minister for the Army (September 1967), and I was warning him—and the Commonwealth Police, now known as the AFP—that Australian wheat being shipped to China was being redeployed to North Vietnam.
This was not speculation. It was a firsthand account from a seaman who had witnessed the cargo, the route, and the implications. I told the Commonwealth Police that it was a black day for Australia to use foreign seamen—even if they were British—to transport wheat to Red China. The use of non-Australian ships was, in my view, a deliberate act of concealment. Had Australian crews known the final destination of that wheat, many would have refused to sail. That wheat was feeding North Vietnamese soldiers—soldiers who were actively killing and maiming New Zealand, Australian, and American troops.
This was not just a logistical betrayal—it was a moral one. And when I tried to speak out, my warnings were buried. My conversations with Mr Fraser were intercepted. My Freedom of Information requests were redacted. My credibility was undermined. Yet the truth remained: Australia, in its silence, had become complicit.
A timeline of my correspondence with Fraser and the Commonwealth Police? It will help readers trace the whole arc of my warning to the then Minister of the Army on 18 September 1967, as a shipboard witness to a whistleblower silenced.
It is imperative to unveil the disturbing details within the AFP transcripts from 10 February 1994, where the treacherous machinations of individuals like Superintendent Jeffrey Penrose, Detective Sergeant Cochrane, Graham Schorer—who masquerades as a spokesperson for the COT Cases—and Amanda Davis, a former government official, came to light. In a chilling display of negligence, they discussed a briefcase that Telstra had carelessly abandoned at my business, a briefcase that held the names of numerous individuals. Like Mr. Schorer and me, we were all victims of a grotesque invasion of privacy, subjected to the ruthless interception and monitoring of our telephone conversations without so much as a whisper of consent.
The transcripts, specifically on pages 37, 38, and 39 AFP evidence file GS 18, starkly reveal that Mr. Schorer laid bare the sinister truth to the AFP: former Telstra employee Mr. Marr had supplied damning evidence of this telephone interception to Senator Bob Collins. This dark revelation hints at a vast, oppressive network of surveillance that preyed on innocent lives, all without remorse or accountability.
The website absentjustice.com and absentjustice.com.au unveils the dark underbelly of corruption that has infiltrated the arbitration system in Australia since 1994. The Institute of Arbitrators and Mediators Australia (IAMA) has shockingly refused to deliver any findings on the 23 submissions received by its Ethics and Professional Affairs Committee. I painstakingly prepared these submissions at the IAMA's behest from June to November 2009. In a blatant act of betrayal, the IAMA has also denied me a dedicated legal representative—named explicitly by me—despite my requests. This sinister manoeuvre only serves to undermine my claim that the 23 submissions were submitted at their prompting. As a result, I have been left to bear an outrageous personal cost exceeding $16,000, all while the IAMA's treachery remains unchecked (Refer to The eleventh remedy pursued).
If the revelations you are about to encounter resonate with you and evoke feelings of distress at the behaviour exhibited by those in Australia's Establishment and government agencies—individuals who have prioritised self-interest over the rule of law—then I encourage you to consider supporting Transparency International Australia, an organisation dedicated to promoting transparency and accountability in our society. Together, we can work towards bringing these injustices into the public eye and fostering a culture of integrity for future generations.
Cathy, my partner of thirty years, and I found ourselves facing an agonising decision: we had no choice but to sell our beloved holiday camp. What was once a joyful retreat for us had become a symbol of our struggle, as Telstra continued to ignore our pleas for help with ongoing telephone problems. Despite turning to an arbitrator, we were met with impotence and frustration. The process drained us, both emotionally and financially, costing over eighteen months of our lives and more than $300,000 in arbitration fees from November 23, 1993, to May 11, 1995.
📅 11 May 1995: The Day False Testimony Overruled Truth
On 11 May 1995, the arbitrator Dr. Gordon Hughes handed down his award in my arbitration case. His findings rested heavily on the aforementioned nine witness statements submitted by Telstra in December 1994—each sworn under oath, each denying the existence of ongoing telephone faults at my Cape Bridgewater business.
These statements asserted, with unwarranted confidence, that Telstra's network was operating up to international standards and that my concerns were unfounded. This led the arbitrator to include in his written findings, specifically at point 3.2(h), that “...although, since July 1994, he has had relatively little cause for complaint.”
However, this claim was demonstrably false. The very website you are currently reading contains irrefutable evidence that the problems continued well beyond that date, as shown above.
In simple terms, lying under oath in nine separate arbitration witness statements won the day for Telstra.
A Brief Overview
In February 2019, as we reluctantly departed Portland and the haunting remnants of Cape Bridgewater, my partner, Cathy, captured a chilling image that told a story of betrayal and loss. This marked not just the end of our thirty-year journey at the Cape Bridgewater Holiday Camp—a place once vibrant with memories—but the beginning of a darker realisation about the web of deceit we had been entangled in.
As Cathy and I drove away from the eerie familiarity of Cape Bridgewater, a sense of foreboding loomed over us. Tears threatened to spill as we passed that worn sign marking our exit, but they were overshadowed by the weight of what we were leaving behind—a community marred by corruption.The billboard erected by Telstra stands as a stark testament to their treachery: it took nearly thirty years for Cape Bridgewater to receive the telecommunications advantages that the rest of Australia had enjoyed for decades. This slow, deliberate neglect feels like a betrayal of trust, a calculated move to keep the area in the dark while they profited from our misfortunes. The insidious nature of their dealings lingers like a shadow, reminding us that even in the most picturesque settings, treachery can thrive unchecked.
This strategy was in place before we signed our arbitration agreements.
Stop the COT Cases at all costs.
“COT Case Strategy”
As shown on page 5169 in Australia's Government SENATE official Hansard – Parliament of Australia Telstra's lawyers Freehill Hollingdale & Page devised a legal paper titled “COT Case Strategy” (see Prologue Evidence File 1-A to 1-C) instructing their client Telstra (naming me and three other businesses) on how Telstra could conceal technical information from us under the guise of Legal Professional Privilege even though the information was not privileged.
This COT Case Strategy was to be used against me, my named business, and the three other COT case members, Ann Garms, Maureen Gillan and Graham Schorer, and their three named businesses. Simply put, we and our four businesses were targeted even before our arbitrations commenced. T
It is paramount that the visitor reading absentjustice.com understands the significance of pages 5168 and 5169 at points 26, 27, 28, 29, 30, and 31, SENATE official Hansard – Parliament of Australia, which notes:
Worse, however, the day before the Senate committee uncovered this COT Case Strategy, they were also told under oath, on 24 June 1997 see:- pages 36 and 38 Senate - Parliament of Australia from an ex-Telstra employee turned -Whistle-blower, Lindsay White, that, while he was assessing the relevance of the technical information which the COT claimants had requested, he advised the Committee that:
Mr White "In the first induction - and I was one of the early ones, and probably the earliest in the Freehill's (Telstra’s Lawyers) area - there were five complaints. They were Garms, Gill and Smith, and Dawson and Schorer. My induction briefing was that we - we being Telecom - had to stop these people to stop the floodgates being opened."
Senator O’Chee then asked Mr White - "What, stop them reasonably or stop them at all costs - or what?"
Mr White responded by saying - "The words used to me in the early days were we had to stop these people at all costs".
Senator Schacht also asked Mr White - "Can you tell me who, at the induction briefing, said 'stopped at all costs" .
Mr White - "Mr Peter Gamble, Peter Riddle".
Senator Schacht - "Who".
Mr White - "Mr Peter Gamble and a subordinate of his, Peter Ridlle. That was the induction process-"
From Mr White's statement, it is clear that he identified me as one of the five COT claimants that Telstra had singled out to be ‘stopped at all costs’ from proving their case against Telstra. One of the named Peter's in this Senate Hansard who had advised Mr White we five COT Cases had to stopped at all costs is the same Peter Gamble who swore under oath, in his witness statement to the arbitrator, that the testing at my business premises had met all of AUSTEL’s specifications when it is clear from Telstra's Falsified SVT Report that the arbitration Service Verification Testing (SVT testing) conducted by this Peter did not meet all of the governments mandatory specifications.
In 1997, during the government-endorsed mediation process, Sandra Wolfe, a third COT case, encountered significant injustices and documentation issues. Notably, a warrant was executed against her under the Queensland Mental Health Act (see pages 82 to 88, Introduction File No/9), with the potential consequence of her institutionalisation. Telstra and its legal representatives sought to exploit the Queensland Mental Health Act as a recourse against the COT Cases in the event of their inability to prevail through conventional means. Senator Chris Schacht diligently addressed this matter in the Senate, seeking clarification from Telstra by stating:
“No, when the warrant was issued and the names of these employees were on it, you are telling us that it was coincidental that they were Telstra employees.” (page - 87)
Why has this Queensland Mental Health warrant matter never been transparently investigated and a finding made by the government communications regulator?:
Government Corruption 2
As shown in government records, the government assured the COT Cases (see point 40 Prologue Evidence File No/2), Freehill Holingdale & Page would have no further involvement in the COT issues, the same legal firm which, when they provided Ian Joblin, clinical psychologist's witness statement to the arbitrator, it was only signed by Maurice Wayne Condon, of Freehill's. It bore no signature of the psychologist.
Did Maurice Wayne Condon remove or alter any reference to what Ian Joblin had initially written about me being of sound mind?
On 29 June 1995, the Canadian government appeared concerned that Telstra's lawyers, Freehill Hollingdale & Page (now known as Herbert Smith Freehills, Melbourne, provided false Bell Canada International Inc. tests. These tests were provided to Mr Ian Joblin, a clinical psychologist, to review before he travelled to Portland to assess my mental health during the arbitration. It was well known in government circles that Telstra had used the Mental Health Act against Australian citizens who continued to complain about Telstra's poor services.
On March 21, 1997—twenty-two months following the conclusion of my arbitration—John Pinnock, the second appointed administrator for my case, formally reached out to Ted Benjamin at Telstra (refer to File 596 - AS-CAV Exhibits 589 to 647). He raised two crucial inquiries: Prologue Evidence File No/2).
1. He requested an explanation for the apparent discrepancies in the attestation of Ian Joblin's witness statement.
2. He sought clarification on whether any modifications were made to the version of the Joblin statement initially submitted to Dr. Hughes, the arbitrator, compared to the signed version ultimately provided.
Maurice Wayne Condon, acting as Telstra's legal representative from Freehill Hollingdale & Page (now Herbert Smith Freehills, Melbourne, signed the witness statement without obtaining the psychologist's signature, which raises serious concerns about the integrity of the document. This act alone casts a shadow over what may have been deliberately omitted.
In a recent conversation with Mr. Ian Joblin, in the presence of a witness, it was revealed that he had informed Freehill Hollingdale & Page that Telstra was coercing me into a corner—demanding that I submit my telephone issues in writing to Denise McBurnie of Freehill's before they would even consider fixing them. This was during a time when I sought to reclaim information from Freehill’s after they had taken on the role of Telstra's arbitration lawyers. Their refusal to provide that information, cloaking it under the guise of Legal Professional Privilege, appears to be a calculated move to undermine my claims before the arbitrator about ongoing telephone faults that were harming my business.
Mr. Joblin's report contained a striking comment: the tactics employed by Telstra would have driven any reasonable person into stress-related spasms. Yet, shockingly, this critical statement was conspicuously absent from the unsigned witness statement submitted to the arbitrator, Dr. Hughes, by Freehill's. This blatant omission raised significant red flags, prompting John Pinnock to write the above letter, File 596 - AS-CAV Exhibits 589 to 647.
This request was far more than a mere formality; it represented a crucial entitlement I possess as a claimant in the arbitration process. It underscored the extent of the unethical behaviour and blatant disregard for procedural integrity exhibited by the parties involved. I am still awaiting a copy of Telstra's response to Mr. Pinnock from 1996. Obtaining this document would have been instrumental in bolstering my appeal and pursuing damages for the unscrupulous tactics employed by Telstra's legal representatives, Freehill Hollingdale & Page, who now operate under the name Herbert Smith Freehills, Melbourne.
If Freehill Hollingdale & Page (now called Herbert Smith Freehills, Melbourne genuinely reflects on their conduct during the COT Caes arbitrations—an episode numerous Senate Hansard reports have condemned as grossly unethical and contemptible—then it would be prudent for them, now under a new trading name, to consider taking proactive steps. They should contemplate reaching out to the Australian government to advocate for a reassessment of the issues that emerged during our arbitration. This would not only demonstrate accountability but also a commitment to rectifying past wrongs.
⚠️ Arbitration Appeal Thwarted Through Lies and Deception
🛑 Arbitration in Australia—A System Compromised by Deception and Betrayal
To Whom It May Concern,
I write this paper not out of bitterness, but out of duty—to truth, to justice, and to the many Australians who have suffered under a system that promised fairness but delivered betrayal.
For decades, I have fought to expose the corruption embedded within the Australian arbitration process, particularly as it relates to the Casualties of Telstra (COT) cases. What follows is not speculation. It is a documented account of lies, fabrications, and institutional complicity that thwarted legitimate appeals and silenced voices seeking redress.
⚠️ Fabricated Allegations to Discredit and Silence
In a calculated attempt to derail scrutiny of the arbitration process, a false allegation was circulated claiming I verbally harassed the wife of Dr. Gordon Hughes AO, the arbitrator appointed to oversee my case. This defamatory claim originated from John Pinnock, then Telecommunications Industry Ombudsman, and was sent to Laurie James, President of the Institute of Arbitrators Australia.
I categorically deny this allegation. It was designed to smear my reputation and distract from the serious flaws in the arbitration process. Dr Hughes, fully aware of the falsehood, chose silence over integrity—allowing the lie to fester and undermine the legitimacy of the proceedings.
🧩 Coordinated Deception and Institutional Complicity
In February 1996, John Rundell—then a partner at KPMG and involved in the arbitration—fabricated a letter falsely claiming that Victoria Police intended to interview me for property damage. This letter was used to obstruct Laurie James from investigating my legitimate concerns.
Even more damning, Rundell admitted in that same letter that my accountant, Derek Ryan, was correct: Rundell’s financial report was incomplete. This breach of integrity should have rendered the arbitration findings invalid. Instead, Dr. Hughes weaponised Rundell’s false letter in his own communication to Laurie James, further entrenching the deception.
Victoria Police later confirmed I was never a suspect. Barrister Neil Jepson clarified that Brighton CIB’s involvement had been grossly misrepresented. Yet Pinnock failed to hold Rundell accountable and allowed Hughes to use the misleading letter to influence the arbitration’s outcome.
🏢 Corporate Silence and Suppression of Truth
Rundell’s role at KPMG during this misconduct adds another layer of betrayal. The silence from corporate peers and oversight bodies speaks volumes. The actions of Hughes, Rundell, and Pinnock not only obstructed scrutiny of my case but also suppressed investigations into the claims of 21 fellow COT claimants.
Laurie James was on the verge of exposing the corruption. These fabrications stopped him.
⚖️ Concealed Legal Rights and Institutional Evasion
In March 1994—just one month before signing our arbitration agreements—we were stripped of the right to sue consultants for negligence. This critical legal change was deliberately hidden from us. The Institute of Arbitrators and Mediators Australia (IAMA), after reviewing 23 documents I submitted in 2009, declined to make findings and refused to return the evidence.
Their silence is not neutrality. It is complicity.
📣 A Rallying Cry for Justice
I speak today not only for myself, but for the 21 fellow COT claimants and countless Australians harmed by Telstra’s negligence and the corrupted arbitration process. Justice delayed is justice denied—but silence in the face of injustice is the ultimate betrayal of public trust.
🌍 Public Interest and Ongoing Influence
Dr Hughes now serves as Principal Legal Representative at a central international legal facility in Melbourne. John Rundell operates arbitration centres in Melbourne and Hong Kong. Their refusal to address these allegations casts serious doubt on the transparency and integrity of arbitration itself.
This is not just my story. It is a warning. A call to action. A demand for accountability.
I refuse to be silenced.
Sincerely,
Alan Smith
Founder, AbsentJustice.com
Advocate for truth, justice, and reform in Australian arbitration
🔗 Link to Supporting Mini Reports and Resource → Evidence File-1 and Evidence-File-2
⚠️ The 24,000 Documents: A Systemic Betrayal
In February 1997, John Wynack of the Commonwealth Ombudsman appointed Tony Morgon from GB Robins to investigate my claims against Telstra. At the heart of those claims was Telstra’s deliberate withholding of 24,000 FOI-requested documents—concealed until after Telstra submitted its defence during the 1994 Christmas period, when legal offices were closed and I was left isolated.Dr. Gordon Hughes, the arbitrator, falsely asserted in a February 1996 letter to Laurie James that his team had reviewed those documents. This was a blatant misrepresentation. Evidence now confirms that neither I nor the arbitration unit ever saw them before Telstra’s defence was lodged.
Tony Morgon and the Telecommunications Industry Ombudsman later corroborated that I was excluded from these documents, exposing a coordinated effort to obstruct justice and protect Telstra. Dr. Hughes’ letter also contains other demonstrably false claims—designed to mislead Laurie James and preserve a façade of legitimacy. (Refer to → Open letter File No/45-G.
This was not mere oversight. It was a calculated betrayal, revealing a system engineered to suppress truth and shield the powerful.
Dr. Hughes’ letter also contains other demonstrably false claims—designed to mislead Laurie James and preserve a façade of legitimacy.
💣 Serious Concerns Regarding Dr Hughes' Conflict of Interest
There is a profoundly troubling omission in Dr. Gordon Hughes’ correspondence with Laurie James—specifically, his failure to disclose a potential conflict of interest at the time he assumed the role of arbitrator in the Casualties of Telstra (COT) arbitrations. As documented in Chapter 3 - Conflict of Interest, Dr. Hughes did not inform Mr. James that his Sydney-based legal partnership was actively representing Telstra employees, even as he presided over Telstra-related arbitration matters.This undisclosed dual role raises serious ethical and procedural concerns. Even more alarming is the pattern of document handling: arbitration materials concerning Telstra were routinely faxed from Dr. Hughes’ Melbourne office to his Sydney partnership, yet there is no evidence these documents were ever returned to Melbourne for impartial assessment. This practice undermines the integrity of the arbitration process and casts doubt on the fairness afforded to the claimants.
Such conduct not only violates the principles of transparency and impartiality expected of an arbitrator but also reinforces the broader pattern of institutional failure that has plagued the COT cases from the outset. The following link provides further documentation and analysis of this issue: File 13-H → Burying The Evidence File 13-H.
📜 Background: The COT Arbitrations• Who was involved: A group of small business operators (the COT Cases) who claimed Telstra’s faulty telecommunications services caused severe commercial losses.• The process: The Australian Government set up a “Fast Track Settlement Proposal” that evolved into a formal arbitration process.• The core allegation: That the arbitration was manipulated to protect Telstra and the government, with evidence tampered with, withheld, or misrepresented.
🕵️♂️ Alleged Misconduct and Corruption• Tampering with evidence: Internal Telstra documents and Australian Federal Police (AFP) material suggest that technical test results were altered or falsified before being presented in arbitration.• Breach of confidentiality: Sensitive arbitration documents were allegedly intercepted via a secondary fax machine before reaching their intended recipients.• Privileged political leaks: The Telecommunications Industry Ombudsman (TIO), who was meant to act independently, is accused of passing confidential parliamentary information to Telstra before the arbitrations began.• Suppression of scale: Regulatory reports initially estimated up to 120,000 customers could have been affected by similar network faults, but this figure was drastically reduced in official findings.
💼 The “Briefcase” Incident (3 June 1993)• Two Telstra representatives visited your business after years of unresolved complaints.• One left behind an unlocked briefcase containing documents that, according to your account, revealed:• Evidence of Telstra’s internal knowledge of systemic faults.• Material contradicting Telstra’s public and arbitration positions.• Instead of going to the media, the contents were handed to AUSTEL (the regulator), which campaigners allege buried the evidence.
⚖️ Senate Hansard References• Pages 5163–5169 of the Senate Hansard reportedly contain parliamentary discussion of the COT Cases, including allegations of Telstra’s misconduct and government inaction.• These records are part of the official parliamentary transcript and can be accessed via the Parliament of Australia Hansard archive.
🚨 Australian Federal Police Involvement• The AFP investigated claims of document tampering, interception of communications, and breaches of privacy during the arbitration.• Whistleblowers allege that despite compelling evidence, political and bureaucratic interference prevented full accountability.
🌐 Further ReadingIf you want to explore the detailed chronology, original exhibits, and supporting documents, the following sources are central:• Chapter 1 - Can We Fix The CAN (on Telstra’s corroded copper network and Ericsson AXE exchange faults)
📌 Senate Hansard (pp. 5163–5169) — Key Themes• Allegations of systemic Telstra faultsSenators raised concerns that Telstra’s copper network and exchange equipment were causing widespread service failures, particularly in rural and regional areas.• Claims of arbitration process manipulationMultiple speakers alleged that the COT arbitration process was compromised — with evidence withheld, technical reports altered, and claimants disadvantaged by procedural bias.• Government and regulator complicityDebate included accusations that AUSTEL (the regulator at the time) and certain government departments failed to act on known evidence of Telstra’s misconduct, effectively shielding the corporation.• Australian Federal Police investigationsReferences were made to AFP inquiries into document tampering and interception of claimants’ communications, with frustration expressed over the lack of prosecutions.• Impact on small business ownersSenators highlighted the severe financial and emotional toll on the COT claimants, noting that many had lost their livelihoods due to unresolved telecommunications faults.• Calls for transparency and accountabilitySeveral members urged the government to release all relevant documents, including internal Telstra reports, and to consider a judicial inquiry into the matter.
👉 Visit the Hansard archive on the Parliament of Australia websiteThen:• Select Senate as the chamber• Choose the date: 26/09/1997• Navigate to pages 5163–5169 in the documentThese pages include pointed remarks from senators about Telstra’s conduct, the arbitration process, and the role of government regulators. You’ll find references to:• The COT Case Strategy allegedly devised by Telstra’s legal team• Concerns raised by David Hawker MP about public sector fraud• Allegations of document tampering, interception of communications, and regulatory failure
This harrowing narrative exposes a treacherous and profoundly unlawful tapestry of corruption that ensnares Australia’s arbitration processes. It reveals a sinister coalition woven with threads of bribery, extortion, and theft, all strategically orchestrated by a government-owned corporation that has been illicitly siphoning immense sums of money. The magnitude of this theft is staggering—potentially reaching millions or even eclipsing a billion dollars—insidiously robbing from the public purse and tearing at the very fabric of our society (Refer to pages 5163 to 5169 SENATE official Hansard – Parliament of Australia)
The Briefcase
- Point 115 –“Some problems with incorrectly coded data seem to have existed for a considerable period of time. In July 1993 Mr Smith reported a problem with payphones dropping out on answer to calls made utilising his 008 number. Telecom diagnosed the problem as being to “Due to incorrect data in AXE 1004, CC-1. Fault repaired by Ballarat OSC 8/7/93, The original deadline for the data to be changed was June 14th 1991. Mr Smith’s complaint led to the identification of a problem which had existed for two years.
- Point 130 – “On April 1993 Mr Smith wrote to AUSTEL and referred to the absent resolution of the Answer NO Voice problem on his service. Mr Smith maintained that it was only his constant complaints that had led Telecom to uncover this condition affecting his service, which he maintained he had been informed was caused by “increased customer traffic through the exchange.” On the evidence available to AUSTEL it appears that it was Mr Smith’s persistence which led to the uncovering and resolving of his problem – to the benefit of all subscribers in his area”.
- Point 209 – “Cape Bridgewater Holiday Camp has a history of service difficulties dating back to 1988. Although most of the documentation dates from 1991 it is apparent that the camp has had ongoing service difficulties for the past six years which has impacted on its business operations causing losses and erosion of customer base.”
- Point 212 – “In view of the continuing nature of the fault reports and the level of testing undertaken by Telecom doubts are raised on the capability of the testing regime to locate the causes of faults being reported.”
A Refusal to Investigate
Despite the gravity of these events, the arbitration administrators and government officials have shamelessly refused to examine the falsified BCI report and the supporting evidence—Telstra's Falsified BCI Report 2 and BCI Telstra’s M.D.C Exhibits 1 to 46. Any transparent technical consultant reviewing these materials would reach an unavoidable conclusion: Telstra and Freehills did not merely distort the truth—they perverted the course of justice.
This is not a case of bureaucratic mismanagement. It is a heinous betrayal of trust, a gross miscarriage of justice, and a deliberate attempt to discredit a whistleblower using corrupted evidence psychologically.
The use of falsified technical data to influence psychological assessments and legal outcomes is a violation of ethical, legal, and human rights standards. It demands a full, independent investigation—not just into the fabrication of the BCI report, but into the coordinated efforts to suppress evidence, manipulate expert opinion, and obstruct justice.
Australia must confront this legacy of deceit. The truth must be restored. Those responsible must be held accountable.
The actions — or rather, the inactions — of the Australian government, Telstra, Bell Canada International Inc. (BCI), and the arbitrator paint a troubling picture of corruption and complicity. Their refusal to investigate the misrepresentation of reporting and the concealment of a flawed testing process suggests a sinister agenda at play. This inadequate testing was crucial evidence in an arbitration endorsed by the Australian government; yet, they remain steadfast in their refusal to investigate this matter.
For over thirty years, telephone faults have remained unresolved, a distressing negligence that has ultimately led to the downfall of the new owners of my business, driving them to bankruptcy. It is unconscionable that those in power have allowed this to happen without consequence.
The Canadian government ministers’ office wrote back on 7 July 1995, noting:
"In view of the facts of this situation, as I understand them, I believe you are taking the most appropriate course of action in contacting BCI directly with respect to the alleged errors in their test report, should you feel that they could assist you in your case."
Bell Canada International Inc. orchestrated a response to Telstra that was laced with further deceit and falsehoods, emerging in the aftermath of the conclusion of my arbitration. These fabricated statements were cunningly presented to the Senate in 1997, masking the deeper layers of corruption at play. To this day, there has been no accountability for this extensive fraud, and the cover-ups devised to shield the truth remain shrouded in secrecy. Sue Laver, the Corporate Secretary of The Current 2025, has been fully aware of the falsified tests since January 1998, yet chose to turn a blind eye. In April 1998, additional evidence exposing this malpractice was presented to Ms. Laver during an official Senate committee hearing, further highlighting the insidious nature of this ongoing deception.
Arbitration in the Shadows: The Billion-Dollar Betrayal
🧩 Introduction: The Hidden Machinery of Corruption
The chilling Casualties of Telstra stories told on absentjustice.com unearth a dark underbelly of insidious corruption and treachery lurking within Australia’s arbitration processes. Far from being a neutral mechanism of justice, arbitration has become a covert instrument of exploitation—weaponised by a government-owned corporation to siphon staggering sums from the public purse. These funds, possibly exceeding a billion dollars, were not lost due to error or mismanagement, but rather through a calculated alliance of bribery, extortion, and theft.
What was once a promise of resolution has become a theatre of deception, where justice is not blind—it is gagged.
💰 The Financial Drain: Theft in Plain Sight
Behind closed doors and beneath layers of bureaucratic fog, millions were surgically extracted from taxpayers. These were not isolated incidents, but part of a systemic blueprint: inflated contracts, falsified claims, and manipulated settlements that funnelled public money into private hands. The scale of this financial haemorrhage defies belief. It wasn’t just money that was stolen—it was trust, transparency, and the integrity of Australia's legal framework.
🛡️ The Whistleblowers: Courage Met with Cruelty
Among the few who dared to resist were the brave arbitration claimants who assisted the Australian Federal Police in exposing these crimes. Their cooperation, documented in Australian Federal Police Investigation File No/1, should have earned them protection and praise. Instead, they were met with surveillance, intimidation, and systemic retaliation. These individuals—truth-tellers in a sea of silence—were ensnared in a malevolent web of coercion. Their phones were tapped, their faxes intercepted, and their documents mysteriously vanished. They became targets not just of corporate reprisal, but of institutional betrayal.
⚖️ The Complicit Silence: Arbitrators and Administrators
Even more disturbing is the role of those entrusted to uphold justice. A sitting arbitrator and an administrator, fully aware of the unfolding misconduct, chose silence over integrity. Their refusal to act—despite clear evidence—allowed the corruption to metastasise.
They were not merely passive observers. Their silence was complicity. Their inaction was an endorsement. And their presence in the process gave a veneer of legitimacy to a system rotting from within.
🕵️ Surveillance and Sabotage: Justice Undone
The sabotage was not metaphorical—it was digital, deliberate, and devastating. Telstra’s interception of confidential communications, the disappearance of critical documents, and the manipulation of timelines all point to a coordinated effort to obstruct justice.
Claimants were denied access to their own evidence. Legal teams were blindsided. And the arbitration process—already compromised—became a stage for suppression rather than resolution.
🌐 The Broader Pattern: A Systemic Blueprint
This is not an isolated scandal. It echoes the failures of Robodebt, the British Post Office Horizon scandal, and other global examples of institutional abuse. The common thread is chilling: when systems designed to protect the public are hijacked for profit, the victims are silenced, and the perpetrators shielded.
🔗 A Treacherous Web of Betrayal
The recent revelations from the U.S. Exchange regarding Ericsson’s alleged dealings with terrorist organisations have sent shockwaves through the global business community. Yet for Australians familiar with the COT Cases, this is not a surprising development—it’s a confirmation of a broader pattern: corporations operating above the law, enabled by institutional silence and regulatory failure.
This timeline juxtaposes Ericsson’s international violations with Telstra’s domestic misconduct, revealing a disturbing symmetry in how power is abused and truth suppressed.
The most damning revelation: Telstra allowed Ericsson—already under scrutiny for faulty equipment—to buy out Lane, the very consultant tasked with investigating Ericsson’s role. While other nations purged Ericsson from their networks, Australia buried the truth.
This covert transaction, brokered by complicit bureaucrats, denied victims justice and buried critical evidence. The COT claimants were sacrificed to protect a corrupt alliance. Telstra and Ericsson remain untouched—thriving in a system designed to betray.
On 23 March 1999, after most of the COT arbitrations had been finalised and business lives ruined due to the hundreds of thousands of dollars in legal fees to fight Telstra and a very crooked arbitrator, the Australian Financial. Review reported on the conclusion of the Senate estimates committee hearing into why Telstra withheld so many documents from the COT cases:
“A Senate working party delivered a damning report into the COT dispute. The report focused on the difficulties encountered by COT members as they sought to obtain documents from Telstra. The report found Telstra had deliberately withheld important network documents and/or provided them too late and forced members to proceed with arbitration without the necessary information,” Senator Eggleston said. “They have defied the Senate working party. Their conduct is to act as a law unto themselves.”
Eggleston, Sen Alan – Bishop, Sen Mark – Boswell, Sen Ronald – Carr, Sen Kim – Schacht, Sen Chris, Alston and Sen Richard)
My 3 February 1994 letter to Michael Lee, Minister for Communications (see Hacking-Julian Assange File No/27-A) and a subsequent letter from Fay Holthuyzen, assistant to the minister (see Hacking-Julian Assange File No/27-B), to Telstra’s corporate secretary, show that I was concerned that my faxes were being illegally intercepted.
An internal government memo, dated 25 February 1994, confirms that the minister advised me that the Australian Federal Police (AFP) would investigate my allegations of illegal phone/fax interception. (See Hacking-Julian Assange File No/28)
The Scandrett & Associates fax interception report (see Open Letter File No/12 and File No/13), states:
“We canvassed examples, which we are advised are a representative group, of this phenomena .
“They show that
- the header strip of various faxes is being altered
- the header strip of various faxes was changed or semi overwritten.
- In all cases the replacement header type is the same.
- The sending parties all have a common interest and that is COT.
- Some faxes have originated from organisations such as the Commonwealth Ombudsman office.
- The modified type face of the header could not have been generated by the large number of machines canvassed, making it foreign to any of the sending services.”
The fax imprint across the top of this letter, dated 12 May 1995 (Open Letter File No 55-A) is the same as the fax imprint described in the 7 January 1999 Scandrett & Associates report provided to Senator Ron Boswell (see Open Letter File No/12 and File No/13), confirming faxes were intercepted during the COT arbitrations. One of the two technical consultants attesting to the validity of this January 1999 fax interception report emailed me on 17 December 2014, stating:
“I still stand by my statutory declaration that I was able to identify that the incoming faxes provided to me for review had at some stage been received by a secondary fax machine and then retransmitted, this was done by identifying the dual time stamps on the faxes provided.” (Front Page Part One File No/14)
It is clear from exhibits 646 and 647 (see AS-CAV Exhibits 589 to 647) that Telstra admitted in writing to the Australian Federal Police on 14 April 1994 that my private and business telephone conversations were listened to and recorded over several months, but only when a particular officer was on duty.
Does Telstra expect the AFP to accept that every time this officer left the Portland telephone exchange, the alarm bell set up to broadcast my telephone conversations throughout the exchange was turned off? What was the point of setting up equipment connected to my telephone lines that only operated when this person was on duty? When I asked Telstra under the FOI Act during my arbitration to supply me with all the detailed data obtained from this special equipment set up for this specially assigned Portland technician, that data was not made available during my 1994.95 arbitration and has still not been made available in 2025.
Legal Violations
The interception of communications by Telstra constitutes a serious breach of privacy and telecommunications law. This chapter highlights the following legal violations:
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Unauthorised Surveillance: Telstra’s actions represent a clear violation of the Telecommunications (Interception and Access) Act 1979, which prohibits the interception of communications without a warrant.
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Breach of Confidentiality: The unauthorised access to private communications undermines the legal obligation to protect customer data and confidentiality.
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Failure to Notify: The lack of transparency and failure to inform affected individuals violates principles of procedural fairness and accountability.
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Systemic Complicity: The involvement of multiple actors, including government officials, suggests a broader pattern of institutional failure and complicity.

Telstra-Corruption-Freehill-Hollingdale & Page
Corrupt practices persisted throughout the COT arbitrations, flourishing in secrecy and obscurity. These insidious actions have managed to evade necessary scrutiny. Notably, the phone issues persisted for years following the conclusion of my arbitration, established to rectify these faults

Confronting Despair
The independent arbitration consultants demonstrated a concerning lack of impartiality. Instead of providing clear and objective insights, their guidance to the arbitrator was often marked by evasive language, misleading statements, and, at times, outright falsehoods.

Flash Backs – China-Vietnam
In 1967, Australia participated in the Vietnam War. I was on a ship transporting wheat to China, where I learned China was redeploying some of it to North Vietnam. Chapter 7, "Vietnam—Vietcong," discusses the link between China and my phone issues.

A Twenty-Year Marriage Lost
As bookings declined, my marriage came to an end. My ex-wife, seeking her fair share of our venture, left me with no choice but to take responsibility for leaving the Navy without adequately assessing the reliability of the phone service in my pursuit of starting a business.

Salvaging What I Could
Mobile coverage was nonexistent, and business transactions were not conducted online. Cape Bridgewater had only eight lines to service 66 families—132 adults. If four lines were used simultaneously, the remaining 128 adults would have only four lines to serve their needs.

Lies Deceit And Treachery
I was unaware of Telstra's unethical and corrupt business practices. It has now become clear that various unethical organisational activities were conducted secretly. Middle management was embezzling millions of dollars from Telstra.

An Unlocked Briefcase
On June 3, 1993, Telstra representatives visited my business and, in an oversight, left behind an unlocked briefcase. Upon opening it, I discovered evidence of corrupt practices concealed from the government, playing a significant role in the decline of Telstra's telecommunications network.
A Government-backed Arbitration
An arbitration process was established to hide the underlying issues rather than to resolve them. The arbitrator, the administrator, and the arbitration consultants conducted the process using a modified confidentiality agreement. In the end, the process resembled a kangaroo court.

Not Fit For Purpose
AUSTEL investigated the contents of the Telstra briefcases. Initially, there was disbelief regarding the findings, but this eventually led to a broader discussion that changed the telecommunications landscape. I received no acknowledgement from AUSTEL for not making my findings public.
&am

A Non-Graded Arbitrator
Who granted the financial and technical advisors linked to the arbitrator immunity from all liability regarding their roles in the arbitration process? This decision effectively shields the arbitration advisors from any potential lawsuits by the COT claimants concerning misconduct or negligence.<

The AFP Failed Their Objective
In September 1994, two officers from the AFP met with me to address Telstra's unauthorised interception of my telecommunications services. They revealed that government documents confirmed I had been subjected to these violations. Despite this evidence, the AFP did not make a finding.&am

The Promised Documents Never Arrived
In a February 1994 transcript of a pre-arbitration meeting, the arbitrator involved in my arbitration stated that he "would not determination on incomplete information.". The arbitrator did make a finding on incomplete information.
A continuation - second version of this home page can be viewed by clicking on → the-thirteenth-remedy-pursued

Chapter 1
Learn about government corruption and the dirty deeds used by the government to cover up these horrendous injustices committed against 16 Australian citizens

Chapter 2
Betrayal deceit disinformation duplicity falsehood fraud hypocrisy lying mendacity treachery and trickery. This sums up the COT government endorsed arbitrations.
Chapter 3
Ending bribery corruption means holding the powerful to account and closing down the systems that allows bribery, illicit financial flows, money laundering, and the enablers of corruption to thrive.
Chapter 4
Learn about government corruption and the dirty deeds used by the government to cover up these horrendous injustices committed against 16 Australian citizens. Government corruption within the public service affected most if not all of the COT arbitrations.

Chapter 5
Corruption is contagious and does not respect sectoral boundaries. Corruption involves duplicity and reduces levels of morality and trust.
Chapter 6
Anti-corruption policies need to be used in anti-corruption reforms and strategy. Corruption metrics and corruption risk assessment is good governance
Chapter 7
Bribery and Corruption happens in the shadows, often with the help of professional enablers such as bankers, lawyers, accountants and real estate agents, opaque financial systems and anonymous shell companies that allow corruption schemes to flourish and the corrupt to launder their wealth.

Chapter 8
Corrupt practices in government and the results of those corrupt practices become problematic enough – but when that corruption becomes systemic in more than one operation, it becomes cancer that endangers the welfare of the world's democracy.
Chapter 9
Corruption in government, including non-government self-regulators, undermines the credibility of that government. It erodes the trust of its citizens who are left without guidance are the feel of purpose. Bribery and Corruption is cancer that destroys economic growth and prosperity.

Chapter 10
The horrendous, unaddressed crimes perpetrated against the COT Cases during government-endorsed arbitrations administered by the Telecommunication Industry Ombudsman have never been investigated.

Chapter 11
This type of skulduggery is treachery, a Judas kiss with dirty dealing and betrayal. This is dirty pool and crookedness and dishonest. This conduct fester’s corruption. It is as bad, if not worse than double-dealing and cheating those who trust you.&a
