đź“–“There is no greater agony than bearing an untold story inside you.”
Maya Angelou
Welcome to Criminal Mind - Absent Justice
For more than three decades, the story of the COT Cases has been told in fragments — scattered affidavits, redacted reports, missing FOI files, and the fading memories of those who lived through the ordeal. But beneath those fragments lies a single, unbroken truth: the Australian Government and Telstra operated inside a system where concealment was not an accident, but a method. The destruction of records was not a clerical failure, but a strategy. And the withholding of FOI documents was not a bureaucratic delay, but a deliberate act designed to ensure that the truth about the COT arbitrations would never be fully exposed.
The cleansing of government archives did not happen in one sweep. It occurred in waves — quiet, administrative purges that erased the very evidence citizens needed to prove what had been done to them. For the COT Cases, these purges were catastrophic. They struck at the heart of every claim, every arbitration, every attempt to obtain justice. They ensured that the truth, even when known, could never be proven in the way the legal system demanded.
The first cleansing occurred in the early 1990s, just as the COT arbitrations were beginning. Government investigators had already uncovered troubling evidence about Telstra’s conduct: systemic faults, misleading reporting, and internal admissions that contradicted the public narrative. These findings should have been the foundation upon which the COT Cases built their claims. Instead, the records vanished. Files that should have been preserved under statutory retention requirements were quietly removed, destroyed, or rendered inaccessible. When FOI requests were lodged, the responses came back hollow: “no documents found,” “records not held,” “material no longer available.”
The second cleansing came a decade later, during the 2005–2006 government‑run Telstra COT review associated with Senator Barnaby Joyce. By then, the government had already privatised Telstra and had every incentive to ensure that no historical wrongdoing could threaten the legitimacy of that decision. Once again, archives that should have contained the truth were empty. Once again, FOI requests were met with silence or obstruction. And once again, the COT Cases were forced to argue their claims without access to the very evidence government investigators had once relied upon.
This pattern of concealment was not theoretical. It had real, measurable consequences. In my 1994 arbitration, two independent forensic accountants estimated my losses over a seven‑year period. Their calculations were detailed, methodical, and grounded in the evidence available at the time. Yet Dr Gordon Hughes, the arbitrator, awarded me only 11% of that amount. He did so while relying on a record that had already been cleansed — a record stripped of the government’s own findings about Telstra’s conduct. Without those documents, the arbitration was never a fair process. It was a performance, staged to appear legitimate while ensuring that Telstra’s liability remained minimal.
The same pattern repeated in the 2005–2006 review. Government officials, relying on the already‑purged archives, concluded that Telstra had acted appropriately. They dismissed the COT Cases’ claims as unsubstantiated, not because the claims lacked merit, but because the evidence that once supported them had been erased. The review was built on a foundation of absence — an absence created by the government itself.
The cleansing of archives was only one part of the strategy. The other was the systematic withholding of FOI documents. For more than a dozen COT Cases, FOI became a battlefield. Requests were delayed, denied, or answered with heavily redacted material. In some cases, documents were withheld on the grounds of “commercial confidentiality.” In others, they were withheld because they were said to be “irrelevant,” even when they directly related to the faults, failures, and internal admissions that formed the core of the COT claims.
For me, the consequences were personal and devastating. When I persisted in seeking the documents I was entitled to, I was labelled a vexatious litigant — a tactic designed to discredit me and block my access to the FOI system entirely. My claims were dismissed as frivolous, not because they lacked evidence, but because the evidence had been deliberately withheld or destroyed. The label served its purpose: it silenced me, restricted my rights, and protected those who had orchestrated the cleansing of the archives.
The administrators of the arbitration process played their part as well. John Pinnock, who served as both the Telecommunications Industry Ombudsman and the arbitration administrator, oversaw a system that consistently failed to provide the COT Cases with the documents they needed. False allegations were circulated about my conduct, including claims involving Dr Hughes and his wife — allegations that were never substantiated and may have been fabricated entirely. These stories undermined my credibility at a time when the truth should have been the only priority.
The impact of these actions is undeniable. Over more than two decades, COT Cases were awarded only a fraction of their claims. The pattern is unmistakable: when the evidence is cleansed, when FOI documents are withheld, when the truth is buried, justice becomes impossible. The arbitrations were never designed to uncover the truth. They were designed to contain it.
Ann understood this better than most. In her final act of courage, she recorded a YouTube video documenting the unbearable burden she had carried — a burden created by Telstra, the arbitrator, and the government officials who participated in the cover‑up. Her video stands as a testament to what happens when citizens are forced into processes that appear fair but are engineered to fail. She passed away shortly after releasing it, leaving behind a legacy of truth‑telling that the government could not erase.
The website absentjustice.com now holds the evidence that survived — documents, timelines, statutory declarations, and technical reports that contradict the government’s findings and expose the cleansing of the archives. It stands as a counter‑archive, built not by the state but by the very citizens the state sought to silence.
The truth was not lost. It was taken. And the fight to reclaim it continues.
OPEN LETTER dated 25/09/2025
The five chapters mentioned above, while confirming that the arbitration officials deliberated on my claim, the misrepresented justice leading up yo my arbitration including during my 13 months arbitration and the proceedigs years after the conclusing of my arbitration on 11 May 1995. The still remain unaccountable for their actions.
To derail scrutiny of my arbitration appeal, a false allegation was circulated, claiming I verbally harassed the wife of Dr Gordon Hughes AO, the arbitrator overseeing my case. This defamatory claim originated from John Pinnock, then the Telecommunications Industry Ombudsman, and was sent to Laurie James, President of the Institute of Arbitrators Australia.
A Sinister and Calculated Smear
A false and deeply defamatory allegation was circulated in a calculated and treacherous manoeuvre to derail scrutiny of my arbitration appeal. The claim—that I had verbally harassed the wife of Dr. Gordon Hughes AO, the arbitrator appointed to oversee my case—was not spontaneous; it was manufactured. It originated from John Pinnock, then the Telecommunications Industry Ombudsman, and was delivered directly to Laurie James, President of the Institute of Arbitrators Australia.
This was not a misunderstanding or an error, but a deliberate act.
I categorically deny the allegation in Pinnock's letter of February 27, 1996—a letter crafted to mislead, smear, and poison the well as my appeal threatened to expose the truth. Pinnock falsely informed Mr James that I had telephoned the arbitrator's wife at 2 a.m., implying harassment, instability, and misconduct. However, my telephone account—the indisputable record—shows only one call ever made to the arbitrator's residence between April 21, 1994, the day I signed the arbitration agreement, and the date of Pinnock's letter.
That call occurred at 8:02 p.m. on November 28, 1995—not at 2 a.m., not in the dead of night, and certainly not in the manner described by Pinnock.
The truth is far more straightforward—and far more inconvenient for those who sought to bury it.
That evening, I phoned Dr Hughes because explosive new evidence had arrived, proving that Telstra had fraudulently fabricated its TF200 arbitration report. This evidence, sourced from Telstra's own laboratory, showed that the test results provided to the arbitrator were false. I called to alert him that I had couriered this material to his office via Golden Couriers Messenger Services of North Melbourne. My intention was simply to ensure he was aware of the evidence and to arrange a meeting after my five-hour train journey from Melbourne.
When Mrs Hughes answered and told me that Dr Hughes was overseas, she asked who was calling. Fearing that my real name might alarm her—particularly after Senator Ron Boswell had publicly condemned Dr Hughes on 20 September 1995 for allowing himself to be forced into using Telstra's arbitration rules instead of the government‑endorsed agreement—I gave the name of someone she would recognise: John Rundell, the Arbitration Project Manager.
I later wrote to Pinnock, explaining why I had used Rundell's name and made the call. The evidence I was trying to deliver was dynamite—and they knew it.
Yet Pinnock's statement to Laurie James was more than merely misleading; it was a fabrication designed to discredit me and shield the arbitration process from the truth.
His claim reads:
- "Mr Smith has admitted to me in writing that last year he rang Dr Hughes' home phone number (apparently in the middle of the night, at approximately 2.00am) and spoke to Dr Hughes' wife, impersonating a member of the Resource Unit."(File 209-AS-CAV Exhibit 181 to 233)
If I actually wrote to the TIO, as he claims in his letter to Laurie James, why hasn't he produced my letter?
Clearly, this letter 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.
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.
Amid the complex web of my pending appeal, my attorneys at Law Partners in Melbourne urged me to contact John Pinnock, the second appointed administrator for my arbitration, to request all documents related to the arbitration that underpinned my agreement. They had uncovered unsettling ambiguities within it that could serve as grounds to challenge the unjust award given by Dr Hughes. I complied, unaware of the treachery that lay ahead.
As detailed in Chapter 5 - The Eighth Damning Letter, the other three claimants—Ann Garms, Maureen Gillan, and Graham Schorer—were provided with an additional 13 months to prepare their claims and respond to Telstra's defence. I, however, was not granted the same 13-month extension.
Dr. Gordon Hughes's decision to deny me the same thirteen-month extension not only hindered my case but also represented a significant act of discrimination. This decision was a deliberate and unjustifiable departure from the principles of fairness, fundamentally undermining the integrity of the arbitration process and the equitable treatment that all claimants deserved.
By denying me the opportunity to fully present my case, Dr Hughes effectively discriminated against me. He should have postponed his decision until Telstra could definitively verify that no further systemic phone issues were impacting my business. This oversight not only undermined my claims but also left my business vulnerable to ongoing, unaddressed problems.
Dr. Gordon Hughes
To be clear: had Dr Gordon Hughes granted his own arbitration consultants the additional weeks they explicitly requested in their evaluation report dated April 30, 1995, the outcome of my arbitration would have been entirely different. The consultants—DMR & Lanes—recognised the complexities of the case and understood that the evidence required diligent, in-depth examination. They were fully aware that the material was intricate and critical to uncovering the truth.
However, Dr. Hughes callously refused their request. He shut down the investigation, preventing them from accessing the very documents that later enabled Darren Kearney to expose the shocking reality. This was not a mere administrative blunder but a calculated act—an intentional manoeuvre to bury the truth and protect Telstra from the consequences of their malfeasance.
The evidence Darren Kearney of AUSTEL (now ACMA) ultimately unearthed came from the very documents Dr. Hughes denied his own experts the additional time they requested in their written statement of April 30, 1995. This isn't merely a coincidence; it's a violation of justice—discrimination that denied me my rightful chance to prove my case.
By denying the consultants the time and resources they needed, Dr Hughes effectively orchestrated my downfall. He should have postponed his decision until Telstra provided clear evidence that no further systemic faults were undermining my business. Instead, he recklessly barreled ahead, fully aware that network issues were ongoing and unresolved, inflicting devastating damage on my operations.
This was not just a procedural lapse; it was a profound betrayal of the arbitration process meant to deliver justice. His refusal left my business vulnerable to the relentless problems the arbitration was meant to resolve. It allowed Telstra's deep-rooted faults to fester unchecked for years, ensuring that the truth—the truth those consultants were poised to uncover—remained hidden.
In the end, the message is clear: the system was never designed to protect me; it was a construct intended solely to shield Telstra and its actions.
In his chilling letter dated January 10, 1996, Pinnock coldly dismissed my request for these arbitration records, writing:
- I refer to your letter dated December 31, 1996, in which you seek access to various correspondence held by the TIO concerning the Fast Track Arbitration Procedure. I will not be providing you with copies of any documents held by this office Open Letter File No 57-C.
This marked the beginning of a long and troubling chapter marked by deceit. Lies became intertwined with the matter concerning Dr. Gordon Hughes's wife, and over the ensuing thirty years, a cascade of falsehoods emerged. This corruption thrived, exploiting the confidentiality clauses in an agreement that had been insidiously altered even before it was signed, revealing the treachery at the heart of the arbitration process.
Dr Hughes was at the centre of a Machiavellian scheme. He stonewalled every request for my pre-arbitration files—handwritten notes, boardroom minutes, commercial assessments—refusing to release the very evidence that would expose how he secretly sat as the "assessor" in the four COT cases, rather than the impartial arbitrator he claimed to be. Even more damning, he approved Telstra's self-serving, backdated draft to usurp any genuine arbitration agreement, allowing it to masquerade as the binding contract. His actions weren't mere oversights but calculated, conspiratorial moves to bury the truth.
By October 1995, five months after my arbitration concluded on May 11, 1995, I had no choice but to bring this shadow play to the attention of the Commonwealth Ombudsman. Under the questionable counsel of Law Partners of Melbourne, I contacted Mr John Wynack, the Ombudsman's Director of Investigations. Together, we peeled back layers of Telstra's deception, confronting claims that the file had been "destroyed"—a blatant lie designed to shield the rot beneath.
The contents of the five letters attached to Home Page File No/82 indicate that Mr Wynack did not accept Telstra's assertion regarding the destruction of the file.
That alone wasn't enough. In 2008, driven by righteous outrage, I launched a two-stage appeal through the Administrative Appeals Tribunal. Nine gruelling months of hearings, No V2008/1836, followed by another ten in 2011, No 2010/4634, only revealed the depth of institutional collusion: the government itself, acting as respondent, perpetuated the cover-up.
Even now, in 2026, I stand on the precipice of history empty-handed, blocked from accessing the one document that could unmask the entire corrupt apparatus. The betrayal runs deeper than individual actors—it's woven into the very fabric of a system that rewards secrecy and punishes whistleblowers.
Having spent thirty years navigating the treacherous seas as a seafarer and several more on the gritty waterfronts of Australia, I've crossed paths with many hardened souls. These characters, despite their fierce convictions, never resorted to hiding behind their partner's skirts for protection. Yet here stands Dr Gordon Hughes, still cowering in 2026, three decades after the incident.
The Disclosure That Never Came
On 23 January 1996, Dr Gordon Hughes—my appointed arbitrator—wrote to John Pinnock, the Telecommunications Industry Ombudsman, regarding Laurie James, then President of the Institute of Arbitrators Australia. In that letter, Dr Hughes stated:
I enclose copies of letters dated 18 and 19 January 1996 from the Institute of Arbitrators Australia. I want to discuss several issues arising from these letters, including:
the cost of responding to the allegations;
the implications for the arbitration procedure if I fully and frankly disclose the facts to Mr. James.
(File 205 – AS-CAV Exhibit 181 to 233)
That sentence gave me pause.
What implications could there possibly be in making a full and frank disclosure—unless the facts themselves were damning? What costs was Dr. Hughes weighing, if not the reputational and legal fallout of revealing that the arbitration process had been compromised?
On 15 February 1996, Dr Hughes wrote to Mr Pinnock regarding a draft letter he intended to send to the Institute of Arbitrators in response to one of Alan's complaints. He stated:
- "I would appreciate your confirmation that there is nothing in the proposed letter which would embarrass your office or jeopardise the current arbitrations."
- "You may consider it appropriate for you to provide an independent letter of support. This is of course a matter for your discretion."AS-CAV Exhibit 181 to 233- See AS-CAV 206
This Wasn't a Technical Concern. It Was a Moral Crossroads.
Why would Dr Gordon Hughes—a supposedly competent, trustworthy, government-endorsed arbitrator, fully graded by the Institute of Arbitrators Australia—require a letter of support if he had truly conducted my arbitration according to the agreed terms?
If the process had been fair, transparent, and within the ambit promised to the four COT Cases, no such letter would have been necessary. Its very existence suggests doubt, defensiveness, and a need to shield against scrutiny. It raises a chilling question: was the letter a preemptive defence against the truth?
This wasn't about procedure; it was about principle. And the moment Hughes sought validation through back channels, the arbitration ceased to be a legal process and became a performance, staged to protect reputations and bury accountability.
I had meticulously outlined the procedural flaws and ethical breaches to Laurie James, believing that the Institute of Arbitrators would uphold its standards. But Dr Hughes chose silence, chose containment, and chose to ignore the ethical obligations that came with his role—obligations to me, to the other claimants, and to the integrity of the arbitration itself.
What sinister and treacherous undercurrents were twisting the process so tightly that even the arbitrator feared disclosure?
Coordinated Deception and Institutional Complicity
In February 1996, John Rundell, then a partner at KPMG and involved in the 1994/1995 arbitrations, created a false letter claiming that Victoria Police intended to interview me about property damage. This fabricated letter was used to prevent Laurie James from addressing 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, and Barrister Neil Jepson clarified that Brighton CIB's involvement had been grossly misrepresented. Despite this, Pinnock failed to hold Rundell accountable and allowed Hughes to use the misleading letter to influence the pending arbitration appeal before the Institute of Arbitrators.
Public Interest and Ongoing Influence
It is deeply troubling that both Dr Hughes and Mr Rundell continue to disregard the truth surrounding their decisions. Their deliberate disregard for these serious allegations casts a shadow over their credibility and raises alarming questions about their commitment to transparency and integrity. As Dr Hughes continues as Principal Legal Representative at Davies Collison Cave Lawyers and Mr Rundell manages arbitration centres in two major cities, their silence and apparent lack of concern regarding the potential repercussions are concerning. This negligence paints a treacherous picture of the ethical landscape in which they operate, leaving the public to wonder what else they might be concealing.
This is not just my story, but a warning, a call to action, and a demand for accountability.
I refuse to be silenced.
Sincerely,
Alan Smith
Founder, AbsentJustice.com
Advocate for truth, justice, and reform in Australian arbitration.
ERICSSON LIST
Evidence File 2
Government Corruption. Corruption in the public service, where misleading and deceptive conduct has spuriously over more than two decades perverted the course of justice.Evidence File 3
Mr Bates vs The Post Office. Ending bribery corruption means holding the powerful to account. Absent Justicemr-bates-vs-the-post-office-justice.
Evidence File 4
A well-known cold case that came to fruition through stored evidence is the Golden State Killer investigation.Evidence File 5 - Testimonials
Her letter to me, dated 15 July 1995 and attached in the image, confirms the trust Amanda Davis placed in my judgment and the seriousness of the evidence I had uncovered.Evidence File 6 AFP Official Orders
Evidence files show I received threats and thuggery abuse, as well as being subjected to treacherous and malicious harassment by Telstra and the establishment, which compromised my ability to submit an effective response to Telstra's claims that my phone problems were fixed when they were not
Evidence File 7
I was fifteen—too young to shave, too stubborn to be scared—when I stepped onto my first ship and straight into a world that did not care how old I was. I had pictured adventure: roaring shanties and moonlit beaches.Evidence File 8 Sea Shanty
Oh, I signed aboard as a galley lad, With a skillet, a knife, and a grin, Through thirty years of gales and storms, Where the sea decides who’ll win. From Fremantle’s heat to the cold North Sea, through ports where the wild winds blow, I learned my trade on a rolling deck and sea.
“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”
Sister Burke
“I am writing in reference to your article in last Friday’s Herald-Sun (2nd April 1993) about phone difficulties experienced by businesses.
I wish to confirm that I have had problems trying to contact Cape Bridgewater Holiday Camp over the past 2 years.
I also experienced problems while trying to organise our family camp for September this year. On numerous occasions I have rung from both this business number 053 424 675 and also my home number and received no response – a dead line.
I rang around the end of February (1993) and twice was subjected to a piercing noise similar to a fax. I reported this incident to Telstra who got the same noise when testing.”
Cathy Lindsey
“…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
“…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
“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
“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