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Chapter Eleven - The eleventh remedy pursued

Absent Justice - 12 Remedies Persued - 11

The Hon Michael D Kirby AC, CMG

During June and July of 2009 which was now had become my eleventh remedy pursued, I wrote to The Hon Michael D Kirby AC, CMG, who was then the President of the Institute of Arbitrators Mediators Australian. I raised the issue of John Rundell (the Arbitration Project Manager), allowing Lane Telecommunications (the TIO-appointed arbitration technical consultant) to assess my arbitration claim and not the principal technical officer Paul Howell from Canada. I provided information on a CD, along with an abundance of documented evidence, to the IAMA proving beyond all doubt (see Prologue/Chapter One to Three) that Mr Rundell had attacked my credibility and character using false statements to stop the first 1996 Institute of Arbitrator Australia from investigating my valid claims as well as assisting Telstra (the defendants) to minimize their liability. The CD includes some 1,460 copies of original exhibit documents. These documents are now available to download from CAV Part 1, CAV Part 2 and CAV Part 3.

The Institute of Arbitrators & Mediators Australia (IAMA) replied to me after I had provided the office (on 2 July 2009) with fresh evidence confirming the arbitrator did not conduct my arbitration according to the agreed ambit of the Commercial Arbitration Act 1984. I also provided evidence showing the previous Arbitration Project Manager to my arbitration, appeared to also be the current treasurer of the Melbourne Chapter of the IAMA. I alerted the IAMA of this because if it was the same person then the IAMA should be aware of the fact that this person knowingly misled and deceived a proposed investigation into a number of my valid claims raised by me with the Telecommunications Industry Ombudsman. In his letter to me, the then president of the IAMA, The Hon Michael D Kirby AC, CMG advised:

“In accordance with established procedure, I have referred the complaint to the Ethics and Professional Affairs Committee of the Institute.

“In due course, you will be informed following this reference.” (See Burying The Evidence File 13-A)

Within two days of receiving this letter, I received a telephone call from the CEO of the IAMA who explained that the IAMA ethics and professional affairs committee would investigate these fresh allegations and would notify me of their findings. I advised the CEO that in 2002, the IAMA began investigating similar complaints concerning the same arbitrator, but returned my documents without bringing down a finding. The CEO confirmed this would not be the case now. I deduced, from the CEO’s tone, that he had read the damning evidence against the arbitrator that had prompted the president of the IAMA to send the above letter of 9 July 2009.

I personally provided 21 claim documents to the assistant of the IAMA CEO and stated in my letter:

“My letter to you on 16th July advised that the following documents would be hand-delivered to you. These reports are now attached for your information.” (Burying The Evidence File 13-B to 13-C)

I forwarded many submissions to the IAMA ethics and professional affairs committee, which comprises either ex-judges or qualified lawyers who should have been concerned at the evidence I provided. It appears they were not interested in assessing evidence showing one of their own had breached more than only his duty of care of a claimant in an arbitration process. I showed that the administrator of the arbitration process alerted the government on 26 September 1997 that “most significantly, the arbitrator had no control over that process, because it was a process conducted entirely outside the ambit of the arbitration procedures” (see page 99 COMMONWEALTH OF AUSTRALIA – Parliament of Australia) ??). This initially seemed to worry the CEO and he telephoned me to confirm they would investigate my allegations against the arbitrator. However, the IAMA Ethics and Professional Affairs Committee have still not brought down a finding with regard to this information or my other 21 submissions, regardless of their advice to me in five different emails that they were investigating my matters. One of those five emails, sent at 12:50 pm on 21 October 2009, states:

“Presently, IAMA does not require this further documentation to be sent. However, the investigating persons will be notified of these documents and may request them at a later date.” (See Burying The Evidence File 13-B to 13-C)

On 27 November 2009, I sent a further email to the secretary of the IAMA’s CEO, advising him that I could provide solid evidence of the arbitrator’s previous role as Mr Schorer’s legal advisor during a previous Telstra Federal Court matter. The arbitrator was clearly in error not to have declared this primary conflict of interest before he accepted the position, particularly when the company he was a partner in had also been Mr Schorer’s business advisors.

At 2.00 pm the same day, I received an email from the secretary of the IAMA stating: “Your email has been forwarded to the CEO. Regards – Richard.”

17 February 2011: I wrote to the Hon Michael D Kirby AC CMG stating:

“I am now writing to you because I have twice written to Mr Crowley in late 2010, asking if he could let me know when the IAMA Ethics and Professional Affairs Committee might hand down their findings in relation to my matters, or at least advise me whether or not the IAMA believe I should continue to provide them further material when it becomes available under FOI.” (AS 719)

30 July 2009: According to this letter, from Graham Schorer (COT spokesperson) to Paul Crowley, attached to a statutory declaration and a copy of a letter dated 4 August 1998 from Graham to me, Graham had a phone conversation with the arbitrator early in 1994 regarding lost COT faxes. During that conversation, the arbitrator explained, in some detail that

“Hunt & Hunt [The company’s] Australian Head Office of was located in Sydney and [the company] is a member of an international association of law firms. Due to overseas time zone differences, at close of business, [the company’s] Melbourne’s incoming facsimiles are night switched to automatically divert to Hunt & Hunt Sydney office where someone is always on duty. There are occasions on the opening of the Melbourne office, the person responsible for cancelling the night switching of incoming faxes from the Melbourne office to the Sydney Office, has failed to cancel the automatic diversion of incoming facsimiles.”Burying The Evidence File 13-H.

On 29 November 2009, I wrote to the CEO of the IAMA regarding fresh evidence received from the office of the lawyer who represented COT spokesperson Graham Schorer in his earlier Federal court action against Telstra between 1990 and 1992. This now-deceased lawyer replaced Graham’s initial lawyer, who was appointed as the arbitrator for the first four COT arbitrations, including both Mr Schorer’s and my arbitration. The arbitrator, therefore, assessed the same documents and complaints he had previously been privy to when he was acting as Mr Schorer’s legal counsel between 1990 and 1992. This constitutes a clear case of conflict of interest. This is the same arbitrator the IAMA investigated in 2009.

The crux of the matter, discussed in my letter to the IAMA ethics and professional affairs committee relates to the events of 12 May 1995, after the arbitrator wrote to the TIO warning him that the arbitration agreement he used throughout my arbitration was not a credible agreement and should, therefore, be revised for the remaining three claimants.

This vital letter from the arbitrator was yet another document the TIO and the arbitrator concealed from me during my appeal period. My letter explained that two of the other three COTs were allowed an extra 13 months longer to prepare their claims than I was allowed. The arbitrator who, don’t forget, had previously been Mr Schorer’s business and legal advisor for many years, allowed Mr Schorer a full 36 months longer to prove his case against Telstra than I was allowed.

It is clear from the five emails dated between 20 and 23 October 2009, from the IAMA Ethics and Professional Affairs Committee that they were certainly investigating my claims against Dr. Hughes (see Burying The Evidence File 13-E) It is also clear from the next email received from the IAMA dated 23 November 2009 (see Burying The Evidence File 13-D) that the IAMA Ethics and Professional Affairs Committee were still supplying claim material to their investigators.

After not hearing from the IAMA between 23 November 2009 to 17 February 2011, I wrote to the Hon Michael D Kirby AC CMG asking him to investigate why I had no proper advice as to how the IAMA was progressing with their investigations into my matters. It had cost close to $16,000.00 in secretarial and administerial fees to submit my claim to the IAMA. On the 21 February 2011 I received a letter from The Hon Mr Kirby stating:

“Thank you for your letter of 17 February 2011, just received. 

When I wrote to you in July 2009, I served as President of the Institute of Arbitrators & Mediators Australia. In June 2010, I stepped down from this position. Mr Warren Fisher was elected in my place. 

A possible explanation for your not hearing from Mr Paul Crowley is that, not long after my retirement as President, he resigned and Chief Officer of IAMA.I will send your letter and the attachment to Mr Fischer and request that he respond to your enquiry.” (See Burying The Evidence File 13-F)

6 March 2011: I wrote to Warren Fischer, president of the IAMA, noting:

“I decided to update my previous AAT Statement of Facts and Contentions which the Hon Michael Kirby provided to you therefore, I thought it appropriate you should also receive (see attached) the new updated version also dated 9th February 2011. I have supplied this document because it appears that the IAMA Ethics and Professional Affairs Committee have still not reached their findings on my matters and because of those matters will be shortly discussed in the public arena once I attend the AAT Conference hearing”. (See Burying The Evidence File 13-A to 13-I)

21 March 2011: Warren Fischer wrote (IAMA) to me noting:

“I confirm receipt of your correspondence dated 22 February 2011 (forwarded to me by the Hon Michael Kirby AC CMG) dated 28 February 2011, 6 March 2011, and 9 March 2011. I advise that I have passed all that correspondence to our Ethics and Professional Affairs Committee for reply to you.” (See Burying The Evidence File 13-A to 13-I)

9 May 2011: I received rather a strange letter from Warren Fischer (IAMA) noting:

“I have to hand your correspondence dated 2 May 2011. I observe that in that correspondence you state that you “have some concern that the IAMA Ethics and Professional Affairs Committee has not yet responded to my claims against [the arbitrator], which was lodged in July 2009”.

“I advise that my receipt of your other recent correspondence, dated 17 April 2011 caused me to enquire of the IAMA CEO as to the status of this matter as I had understood that the IAMA Ethics and Professional Affairs Committee had concluded its deliberations and notified you accordingly.” (AS 723)

Mr Fischer’s letter is strange because, in the last week of February 2011, the Hon Michael D Kirby AC CMG (AS 717) advised him that I was waiting for a response to the IAMA investigation into my previous arbitrator’s conduct.

So why, six weeks later, did Mr Fischer to write that my letter of 17 April 2011 caused him to enquire of the IAMA CEO as to the status of this matter because he understood that the IAMA Ethics and Professional Affairs Committee had concluded its deliberations?

Between May 2011 and November 2013, I tried all reasonable avenues to have the IAMA explain why they would not bring down a finding of their investigations into my valid claims.

On 11 November 2013, the IAMA CEO notified me in writing that I should:

“… not write to the IAMA, our President, or any person connected with IAMA again on this matter. Any future letters received will be returned to you.”

Clicking on the following file entitled Discrimination including the supporting exhibits IAMA Exhibits 1 to 39 and IAMA Exhibits 40 to 72 the reader can make up their own minds as to whether the IAMA should have made a finding on my claims.

In 2015, after putting a number of my documents up on my LinkedIn site, a number of offshore lawyers emailed me to express their shock and disbelief in relation to my situation.  One of them, a lawyer practising in the Egyptian Court in Cairo, said that he would be willing to provide his legal opinion regarding six separate areas where he believed the arbitration process had failed the first four COT claimants and so, with his permission, I then sent a copy of his two-page document to the Australian Federal Police, along with his name, although I decided not to publish his name on the website.  Since then he has notified me that I can now identify him in any manuscript I might prepare regarding the first four COT arbitrations, and I can also explain his reasons for believing that the arbitration process failed the COTs.

So, on one hand, we have two Australian Government investigations and one IAMA investigation that have all apparently ended, but not one of those three will hand down a finding.  On the other hand, an Egyptian legal advisor on LinkedIn clearly sees injustices that he is prepared to put his name to, if or when I publish my manuscript “Ring for Justice.”

The legal advice received from Alaa, my Egyptian lawyer LinkedIn contact concerning the unethical way in which he notes my arbitration was conducted has been provided to the Australian Federal Police as a testament at what Alaa see’s as an injustice.

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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 linked in the text.

Clicking on these links with your cursor will automatically open a PDF of the exhibit/evidence that a crime was committed. Using this method and following the various file numbers discussed in our various pages, you will verify our story. 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 the way we have is possibly a world first.

ABSENT JUSTICE HAS IT ALL.

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“…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

“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.”

Hon David Hawker

“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

“…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

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

– Edmund Burke