Menu
My Bag

Your bag is currently empty.

Menu

Price Waterhouse Coopers 1

 

Absent Justice - The Godfather

Chapter 1 - The collusion continues to Chapter 3 - The Sixth Damning Letter

The unchecked injustices in government arbitrations towards numerous citizens in Australia are a clear indication of the involvement of three of the country's leading auditors in the COT arbitrations on behalf of Telstra. Despite the exposure of these auditors in the Australian media and Parliament House for their erroneous advice to the government on various major projects over the years, government bureaucrats still rely on their guidance to make decisions instead of the elected officials. In four COT Case arbitrations, the arbitrator deemed a significant finding from one of the auditor's reports as evidence, even though two prominent politicians and their staff were aware that it had been altered to conceal the truth about Telstra's misleading and deceitful conduct. Of the other three major auditors, one was in charge of Telstra's arbitration financial submissions. This auditor went as far as calling my business to affirm that they found no phone problems.

Meanwhile, AUSTEL, the then-government regulator, discovered that Telstra had charged me for calls that never took place. Furthermore, the third auditor, who still advises the government on several major projects, has a partner who joined them just weeks after assisting the arbitrator in hearing my case to minimize Telstra's liability to me. This partner also wrote untruths about my ongoing telephone problems, which they knew had not been investigated or addressed by the arbitrator because, as the financial advisor to the arbitrator, they never presented that evidence before the arbitrator. Currently, this auditor operates an arbitration centre in Hong Kong and Melbourne, Australia. It is unacceptable that large auditing firms in Australia are still guiding the government without upholding the rule of law during and after the COT arbitrations. An investigation into this matter is long overdue, and anyone implicated should be held accountable for their actions. A visit to absetjustice.com provides a firsthand account of the government's reluctance to act on this matter.

Nothing adds up

 Absent Justice - The Collusion Continues

It's all a mirage 

The fact that Coopers & Lybrand (now PWC) COT found Telstra had mislead and deceived the COT Cases over an extended period but changed that finding in the report proved to the arbitrator is alarming enough. But worse is the arbitrator making strong comments in his findings (the award) that he saw no deliberate deceptive conduct by Telstra. Had the arbitrator deliberating on my arbitration claims been aware the Coopers/PWC report had been altered to protect Telstra in regards to their misleading and deceptive conduct towards the COT Cases, he would not have made those statements in his findings. He might well have further investigated and found Telstra had, indeed, misled and deceived me during my first 11 December 1992 settlements process with Telstra.

This, coincides with what Ann Garms is saying in her YouTube. At points 3.5, 3.6 and 3.7 in the arbitrator's award handed down on 11 May 1995 regarding my arbitration claim, he states, respectively, the Bell Canada Report, the Coopers & Lybrand Report, and the AUSTEL Report were used by him and his arbitration unit to determine their findings. 

All three reports (the Bell Canada Report, the Coopers & Lybrand Report, and the AUSTEL COT Cases Report) have now been proven to have been altered, changed or sanitized seriously enough. Possibly even worse is four other COT Cases apart from Ann Garms and myself; the arbitrator also used the same three reports to determine those claims. In other words, all six of those arbitrations where the arbitrator and his consultants used these three fundamentally flawed reports in to determine their findings should have been declared null and void back in 1995 and 1996, when the evidence showing all three reports had been doctored was provided to Senator Richard Alston, in September 1995, and again in June 1996, when he became Minister for Communications in the John Howard government. 
 

Delloits were Telstra's arbitration financial accountants in Ann's and my arbitration, where our accountants strongly refuted many of Deloitt's' arbitration findings. While I am not saying Deloitt's acted unlawfully during my arbitration, what was most concerning was the statement made by one of their witnesses under another concerning my ongoing telephone problems because that statement, there was nothing wrong with my telephones, did not match the government report from their findings (refer to AUSTEL’s Adverse Findings,) at points 2, 212,

Most importantly, Telstra funded all three auditing companies that participated in our government-endorsed arbitration instead of the government, which endorsed the arbitrations. How can the government endorse a process if it has no input?  

Kangaroo Court - Absent Justice The following Kangaroo link, https://shorturl.at/wRT57  has been used here more as a testament showing there is more to the statements made by Ann Garms (now deceased) in her YouTube video below when compared to the statements made on https://shorturl.at/wRT57 concerning PWC, Dolitte's and the other two big accountancy firms. The Ann Garms YouTube video below and her letters  

Ann's Garms was prepared to go live on her YouTube video below about her arbitration and appeal process, which coincides with her letter discussed below.

 

ANN GARMS  (now deceased) VIDEO ONE 

 

This same letter is discussed in more detail on National Television as the YouTube video shows (File 942 to 946 - AS-CAV 923 to 946). 

The evidence list below provides the number of exhibits beside the various statements made in the various paragraphs. 

I have reported below in a chronological style of events so that the reader can see for themselves how it was from the very beginning, when I purchased the holiday camp, to the present day.

As shown in Chapter 1 - The collusion continues, one of the four mentioned arbitration professionals on our Home Page misled and deceived John Pinnock, the newly appointed administrator, concerning my arbitration's conduct. In contrast, this arbitration professional was a partner of KPMG (see Eight damning letters below.

I reiterate, even though the YouTube video below is of poor quality, as discussed elsewhere on this website, it still does not take away the fact that at least three of the Nine business people shown in this video have since died and did not get the justice I am asking the current government to provide by viewing each case on their merit which includes my case. The government should read absentjustice.com and the rest of my statements on absentjustice.com to determine if the remaining COT Cases have valid claims against the Commonwealth. 

 

NINE COT CASES - VIDEO TWO 

 

The fact that Coopers & Lybrand (now PWC) COT audit was used by the arbitrator deliberating on my arbitration claims as evidence, not knowing it had been tampered with, coincides with what Ann Garms is saying in her YouTube. At points 3.5, 3.6 and 3.7 in the arbitrator's award handed down o 11 May 1995 regarding my arbitration claim, he states, respectively, the Bell Canada Report, the Coopers & Lybrand Report, and the AUSTEL Report were used by him and his arbitration unit to determine their findings.  

All three reports have now been proven to have been altered, changed or sanitized to minimize Telstra's liability against the COT Case.  The fact that John Rundell, while a partner of Ferrier Hodgson Corporate Advisory (FHCA), was prepared to mislead various parties interested in seeing my claims were assessed as they should have, including allowing relevant loss figures to be excluded from the FHCA Cape Bridgewater Holiday Camp financial report (see Chapter 2 - Inaccurate and Incomplete) 
 
While writing the following letter as a partner of KPMG on 16 February 1996 (See Open letter File No/45-E) to John Pinnock (the administrator of the COT arbitrations), he attacked my character in no uncertain manner, insinuating the Victoria Police CIB (Criminal Investigation Buruae) was about to investigate me concerning criminal damage to Mr Rundell's property (which was not the case at all as confirmed by the CIB.
 
Was it this letter that stopped the Institutes of the arbitrator from instigating their investigation into my arbitration claims that my arbitration had not been conducted under the agreed ambit of the arbitration procedures? This letter and his further statement in it that his financial report on my arbitration losses was not complete when submitted to the arbitrator as the finished report suggests John Rundell should explain why he did the things he did during my arbitration before he is allowed to continue operating his Arbitration Centres (chambers) in Melbourne and Hong Kong. 
 
Absent Justice Ebook

Read Alan's book

 

Absent Justice - My Story - Senator Ron Boswell

Threats made and carried out.

Page 180 ERC&A, from the official Australian Senate Hansard, dated November 29 1994, reports Senator Ron Boswell asking Telstra's legal directorate why were my FOI documents being withheld from me during my arbitration:

“Why did Telecom advise the Commonwealth Ombudsman that Telecom withheld FOI documents from Alan Smith because Alan Smith provided Telecom FOI documents to the Australian Federal Police during their investigation?”

After receiving a hollow response from Telstra, which the senator, the AFP and I all knew was utterly false, the senator states:

“…Why would Telecom withhold vital documents from the AFP? Also, why would Telecom penalise COT members for providing documents to the AFP which substantiate that Telecom had conducted unauthorised interceptions of COT members’ communications and subsequently dealt in the intercepted information by providing that information to Telecom’s external legal advisers and others?” (Senate Evidence File No 31)

As I have reiterated throughout this website, the threats against me during the arbitration proceedings came to fruition, and the withholding of pertinent documents is deeply concerning. Regrettably, neither the Telecommunications Industry Ombudsman nor the government has investigated the detrimental impact of this malpractice on my overall submission to the arbitrator. Despite assisting the Australian Federal Police (AFP) in their investigation into the illicit interception of phone conversations and arbitration-related faxes, they never came to my aid.

Quote Icon

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

Senator Carr

“A number of people seem to be experiencing some or all of the problems which you have outlined to me. …

“I trust that your meeting tomorrow with Senators Alston and Boswell is a profitable one.”

Hon David Hawker MP

“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

“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”

Sister Burke

“…your persistence to bring about improvements to Telecom’s country services. I regret that it was at such a high personal cost.”

The Hon David Hawker MP

“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

Were you denied justice in arbitration?

Would you like your story told on absentjustice.com?
 Contact Us