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Until the late 1990s, the Australian government fully owned Australia’s telephone network and the communications carrier, Telecom (today privatised and called Telstra). Telecom held the monopoly on communications and let the network deteriorate into disrepair. When four small business owners had severe communication problems (I was the founding member of the four), they were offered a commercial assessment process by the Federal government, which endorsed the process. The arbitrations were a sham: the appointed arbitrator not only allowed Telstra to minimise the claimant's claims and losses, but the arbitrator also bowed down to Telstra and let the carrier run the arbitrations. Telstra committed serious crimes during the arbitrations, yet the Australian government and the Australian Federal Police have not held Telstra, or the other entities involved in these crimes, accountable.

How can one present an accurate and compelling narrative about the events that unfolded during various Australian Government-endorsed arbitrations without including supporting exhibits to substantiate those claims? We find ourselves in this predicament due to the pervasive corruption that seems to seep through the very fabric of the government bureaucracy. How can the author convincingly demonstrate—without the looming threat of legal repercussions—that public servants were complicit in providing private and sensitive information to the then-government-owned telecommunications carrier (the defendants), all while deliberately concealing the same crucial documents from the claimants and their fellow Australian citizens?

What strategies can articulate a story so astonishing that even the author questions its credibility, only to feel validated upon reviewing their meticulous records before moving forward? How do you expose the deep-rooted collusion among an arbitrator, various appointed government watchdogs (umpires), and the defendants? How can it be brought to light that the defendants, in this arbitration process—the former government-owned telecommunications carrier—exploited equipment connected to their network to intercept and screen faxed materials sent from our office? They stored these documents without our knowledge or consent and then redirected them to their intended recipients.

The Telstra Corporation, serving as the defendant, likely utilised this intercepted material to fortify their defence in the arbitration, ultimately causing significant harm to the claimants. 

How many other arbitration processes across Australia have fallen victim to such invasive hacking tactics? Is electronic eavesdropping—and this violation of confidentiality—still an ongoing reality during legitimate Australian arbitrations today? In January 1999, the claimants alerted the Australian Government to the alarming reality that confidential, arbitration-related documents were being secretly and illegally screened before they reached Parliament House in Canberra. Will that critical report, which has the potential to illuminate these troubling practices, ever see the light of day and be made available to the Australian public?

Given the circumstances, venturing into the online sphere to share my story became my only viable option for exploring and exposing these critical issues between Chapters 1 and 12.

 

Books Written Concurrently - Absent Justice

 
Chapter 1
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
Chapter 2
Betrayal deceit disinformation duplicity falsehood fraud hypocrisy lying mendacity treachery and trickery. This sums up the COT government endorsed arbitrations.
Chapter 3
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
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
Chapter 5
Corruption is contagious and does not respect sectoral boundaries. Corruption involves duplicity and reduces levels of morality and trust.
Chapter 6
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
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
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
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
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
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

Chapter 12
Chapter 12
Absentjustice.com - the website that triggered the deeper exploration into the world of political corruption, it stands shoulder to shoulder with any true crime story.
 

As highlighted in the introduction to story one, the journey to publish an accurate and meticulous account of the complex events surrounding various Australian Government-sanctioned arbitrations has proven to be a formidable challenge. In this second part of the COT story, I endeavour to delve deeper into the systematic and rigorous approach that the author has been compelled to adopt. This approach seeks to substantiate the grave allegations that government public servants, who were entrusted with sensitive and classified information, may have provided privileged insider knowledge to the government-owned telecommunications carrier—referred to as the defendants. 

Moreover, these public servants allegedly withheld crucial documentation from the claimants, ordinary Australian citizens who are seeking justice and accountability in a system that seems to favour powerful entities over individuals. The implications of this dynamic are significant, as it raises serious questions about the integrity and transparency of the arbitration process and the accountability of those in positions of authority. As we explore these complex issues, it is vital to consider not only the factual accuracy of events but also the broader consequences they have for those affected and for society as a whole.

Furthermore, how can the author compellingly recount the complex narrative of his inadvertent involvement in the controversial shipment of Australian wheat to a desperate, starving communist nation in China during the tumultuous 1960s? This tale gains an added layer of complexity as he and his crew of sailors stumble upon the alarming revelation that a portion of this intended humanitarian aid was being rerouted to North Vietnam—a country engaged in a brutal war against Australia, New Zealand, and the United States—providing nourishment for its troops. How can he share this morally ambiguous story without being unjustly branded a traitor by his fellow countrymen?

Did his participation in this morally ambiguous trade, which persisted even after he courageously brought to light the ethically questionable actions of government officials, play a role in the significant repercussions he endured during the arduous arbitration processes with Telstra Corporation— a company entirely owned by the government— in the 1994/95 arbitration endorsed by the government? Furthermore, could his vocal condemnation of the government’s dealings with the enemy thirty years before his arbitration have influenced the government-appointed arbitrator to downplay the legitimacy of his claims? (Refer to Flash Backs – China-Vietnam

My presence in China was more accidental than intentional; I served as a crew member on a British tramp ship, the HopepeakMS Hopepeak - Absent JusticeOur vessel was engaged in the humanitarian task of unloading Australian wheat, which we had loaded at the port of Albany in Western Australia. This shipment was not just ordinary trade; it was sent with the noble intention of alleviating hunger in the suffering nation of China. However, a significant and troubling twist emerged: some of this wheat was redirected to North Vietnam, providing sustenance to the very Vietcong forces who were at war with Australia, New Zealand, and the United States (refer to Chapter 7-Vietnam Vietcong).

As a result, we may be left in the dark about the sheer volume of Australian wheat that found its way into the hands of the Vietcong guerrilla forces, who marched through the jungles of North Vietnam intending to slaughter and maim as many Australian, New Zealand, and USA troops as possible. 

The following three statements taken from a report prepared by Australia's Kim Beasly MP on 4 September 1965 (father of Australia's former Minister of Defence Kim Beasly) only tell part of this tragic episode concerning what I wanted to convey to Malcolm Fraser, former Prime Minister of Australia when I telephoned him in April 1993 and again in April 1994 concerning Australia's wheat deals which I originally wrote to him about on 18 September 1967 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."  

How does one construct a narrative so astonishing and far-fetched that it keeps an editor awake at night, wrestling with uncertainties about its credibility until confronted with undeniable evidence that validates its authenticity? What strategies can unveil the troubling collusion between an arbitrator, a cadre of appointed watchdogs (umpires), and the defendants? How can the author expose the unsettling practice of the defendants using their sophisticated network connections to intercept and screen faxed communications emanating from his office, surreptitiously storing sensitive information without his knowledge or consent, and rerouting it to their intended destination? (Refer to Open Letter File No/12 and File No/13)

Were the defendants leveraging these intercepted documents to bolster their defence in arbitration proceedings, ultimately undermining the rightful claims of innocent claimants? How many other Australian arbitration processes have fallen victim to such covert hacking? Is this insidious practice of electronic eavesdropping—this unauthorised infiltration—still a pervasive issue in legitimate Australian arbitrations today?

What information was removed from the Malcolm Fraser FOI released document 

Absent Justice - Hon Malcolm Fraser

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, 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. 

During the second interview conducted by the Australian Federal Police (AFP) at my business on 26 September 1994, I provided comprehensive responses to 93 questions about unauthorised surveillance and the threats I encountered from Telstra. Pages 12 and 13 from the Australian Federal Police Investigation File No/1 transcripts of their second interview with me during my arbitration extensively address the threats issued by Telstra's arbitration liaison officer, Paul Rumble, and the unlawful interception of my telecommunications and arbitration-related faxes.

It is noteworthy that Paul Rumble and the arbitrator operated in collaboration. Dr. Gordon Hughes supplied Mr. Rumble with my arbitration submission materials months before Telstra should have received these documents, according to the terms of my arbitration agreement.

This situation illustrates a disregard for protocol on the part of Telstra and the individuals overseeing the various COT arbitrations. The processes involved were conducted in a manner likened to a Kangaroo Court.

What circumstances drove the arbitrator, or perhaps more intriguingly, what influences swayed him, to forward the claimant's submission to the defense on 15 June 1994? This action occurred a remarkable five months before he was legally entitled to do so, as stipulated by the arbitration agreement both parties had previously accepted. Adding to the complexity of this situation is the troubling fact that Telstra, the defendant, did not respond to the claimant's claims until 12 December 1994. This was despite the arbitration rules clearly indicating they had only one month to provide a rebuttal to the claimant's submission.

 
Telstra-Corruption-Freehill-Hollingdale & Page
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
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
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
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
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
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
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
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
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
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
The AFP Failed Their Objective

In September 1994, two officers from the AFP met with me to address Telstra's unauthorized 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
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.

 

Who We Are

Absent Justice was founded with a crucial mission: to provide a comprehensive and transparent account of the intricate and often troubling events surrounding various Australian government-endorsed arbitrations involving Telstra, one of the country's largest telecommunications corporations. We are a passionate and dedicated collective known as the Casualties of Telstra (COT), consisting of individuals who have directly endured the profound injustices inflicted during this long and arduous journey. This website stands as a powerful testament to the troubling practices we witnessed, illuminating a struggle many have faced but remain shrouded in silence.

Our investigation delves deeply into the unsettling intersection of government corruption and systemic gaslighting, with notable reference to figures like Julian Assange and other courageous whistleblowers. This narrative unveils a chilling saga marked by manipulation and systemic abuse of power, revealing how bribery and corruption, especially within Australia’s public sector, have systematically undermined the fundamental principles of fair and democratic arbitration. Compelling evidence emerges, exposing how tainted testimonies and misleading information have been leveraged in government arbitrations, consistently prioritising governmental interests over the rights and well-being of vulnerable citizens.
 

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Who We Are

 

Absent Justice Ebook

Read Alan’s new book
‘Absent Justice’

 

My decision to write this book stems from the intricate and multifaceted nature of our narrative, along with the extensive range of exhibits that necessitated meticulous organization and replication. This deliberate choice allows readers to grasp the myriad of transgressions committed against the COT Cases by various parties, including public officials and regulatory agencies. Through this storytelling approach, I aim to vividly illustrate the pervasive criminality that thrived within the framework of government-sanctioned arbitrations under the International Arbitration Act.

Until the late 1990s, the Australian government owned and operated the nation’s telephone network through the communications carrier Telecom, which has since transitioned to private ownership and is now recognised as Telstra. During this era, Telecom maintained a stranglehold over the communications sector, allowing the network to deteriorate significantly, leading to a cascade of service failures. Instead of confronting the pressing issues of our severely deficient telephone services as part of the government-endorsed arbitration process—an uneven and ultimately futile battle for justice—these critical problems were left unaddressed. As a result, countless claimants found themselves compelled to spend hundreds of thousands of dollars pursuing their cases against this government-owned entity, only to be met with resistance and neglect.

Read About Our Dealings With

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“…the very large number of persons that had been forced into an arbitration process and have been obliged to settle as a result of the sheer weight that Telstra has brought to bear on them as a consequence where they have faced financial ruin if they did not settle…”

Senator Carr

Absent Justice - Unresolved Privacy Issues

A young man (a boy) with a Conscience.

Julian Assange provided a vital link for the COT cases, but we did not know this during our arbitrations.

A statutory declaration prepared by Graham Schorer (COT spokesperson) on 7 July 2011 was provided to the Victorian Attorney-General, Hon. Robert Clark. This statutory declaration discusses three young computer hackers who phoned Graham to warn him during the 1994 COT arbitrations. The hackers discovered that Telstra and others associated with our arbitrations acted unlawfully towards the COT group. Graham’s statutory declaration includes the following statements:

“After I signed the arbitration agreement on 21st April 1994 I received a phone call after business hours when I was working back late in the office. This call was to my unpublished direct number.

“The young man on the other end asked for me by name. When I had confirmed I was the named person, he stated that he and his two friends had gained internal access to Telstra’s records, internal emails, memos, faxes, etc. He stated that he did not like what they had uncovered. He suggested that I should talk to Frank Blount directly. He offered to give me his direct lines in the his [sic] Melbourne and Sydney offices …

“The caller tried to stress that it was Telstra’s conduct towards me and the other COT members that they were trying to bring to our attention.

“I queried whether he knew that Telstra had a Protective Services department, whose task was to maintain the security of the network. They laughed, and said that yes they did, as they were watching them (Telstra) looking for them (the hackers). …

“After this call, I spoke to Alan Smith about the matter. We agreed that while the offer was tempting we decided we should only obtain our arbitration documents through the designated process agreed to before we signed the agreement.” (See Hacking – Julian Assange File No/3)

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