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Evidence

 

Absent Justice - Justice Felix Frankfurter

Undoubtedly one of the most acceptable statements ever made by a judge this century has to be: 

"A free press is vital to a democratic society because its freedom gives it power. Power in a democracy implies responsibility in its exercise. No institution in a democracy, either governmental or private, can have absolute power. Nor can the limits of power which enforce responsibility be finally determined by the limited power itself. (See Carl L. Becker, Freedom and Responsibility in the American Way of Life (1945).  In plain English, freedom carries with it responsibility even for the press; freedom of the press is not a freedom from responsibility for its exercise. Most State constitutions expressly provide for liability for abuse of the press' freedom. That there was such legal liability was so taken for granted by the framers of the First Amendment that it was not spelled out. Responsibility for its abuse was imbedded in the law. The First Amendment safeguarded the right. [...] The press does have the right, which is its professional function, to criticize and to advocate. The whole gamut of public affairs is the domain for fearless and critical comment, and not least the administration of justice. But the public function which belongs to the press makes it an obligation of honor to exercise this function only with the fullest sense of responsibility. Without such a lively sense of responsibility, a free press may readily become a powerful instrument of injustice".

Felix Frankfurter, (born Nov. 15, 1882, Vienna, Austria-Hungary—died Feb. 22, 1965, Washington, D.C., U.S.), associate justice of the United States Supreme Court (1939–62), a noted scholar and teacher of the law, who was in his time the high court’s leading exponent of the doctrine of judicial self-restraint. Justice's Frankfurter would not have tolerated the ongoing criminal conduct perpetrated against the COT Cases by Telstra [the defendants] during our government-endorsed arbitrations. 

Before reading our Casualties of Telstra story, we suggest you click on the following legal research paper https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2817646 where you will find there are others, not just the COT cases, who see loopholes in the justice given out by some of the Telecommunication Industry Ombudsman staff. In many cases, these ombudsmen have not even been registered lawyers or judges and yet the Australian Establishment gives them the right to decide legal issues, which have – in many cases, as our story shows – ruined the lives of the complainants.

The above research paper and our Telecommunication Industry Ombudsman page should convince the reader that the TIO should have NEVER been appointed administrator to the settlement and later arbitration processes, after having supplied the defendants in those processes with confidential in-house government party-room discussion material (see TIO Evidence File No 3-A) that may well have convinced Telstra, the defendants, to turn the commercial assessment process into a highly legalistic arbitration process, instead of the government-facilitated Fast Track Settlement Proposal.

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All of the main events as quoted in this unbelievable true crime story are supported by copies of the original freedom of Information documents on Alan's website absentjustice.com

Without those documents, most people would really struggle to believe that public officials and their lawyers committed the illegal offences they did.

Using the acquired evidence that can be downloaded from absentjustice.com is possibly a world first.

ABSENT JUSTICE HAS IT ALL.

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“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

“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

“…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

“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.”

Hon David Hawker

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

– Edmund Burke