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Chapter Nine - The ninth remedy pursued

Absent Justice - Austel+39s Adverse Findings

Transcripts from my AAT hearings (respondents ACMA) on 3 October 2008 (No V2008/1836) shows my claims have not been seen as vexatious or frivolous by some government agencies.

When it became evident that the new owners of my business along with me at my residence (next door) that we were both still losing faxes in December 2007, I sort documents from both Telstra and ACMA under FOI. This was to be my last attempt to resolve these long outstanding lost document issues which DCITA promised Senator Barnaby Joyce in 2005 (see above) they would investigate as part of my DCITA assessment process. This failure by the DCITA (which after all was the government) to investigate why eleven years after my arbitration and my now sold business was still experiencing the same ongoing telephone and faxing problems that first brought me to arbitration in 1994 I contacted a Brian Hodge, a suggested telecommunications expert so as I could provide his findings to the government. A cost of $15,000.00 plus.

After viewing the Cape Bridgewater Holiday Camp BCI/Ericsson NEAT testing results and the Cape Bridgewater Holiday Camp Arbitration related Service Verification Test results and the CCAS data dated 29 September 1994 (see Arbitrator File No/110), Brian Hodge (B Tech, MBA, B.C. Telecommunications), on 27 July 2007, prepared a report. On page 22, he states:

“It is my opinion that the reports submitted to Austel on this testing program was [sic] flawed, erroneous, fictitious, fraudulent & fabricated, as it is clear that no such testing has taken place as Telstra’s own call charge system DOES NOT record any such activities. Therefore the results are flawed or did not occur.” (See Main Evidence File No 3)

Mr Hodges concluded Telstra fabricated their reports about the many ongoing telephone problems still affecting the holiday camp customer access network CAN as late as November 2006. Many of these problems were caused by moisture affecting both the copper-wire and optical fibre joints in the CAN. These problems were so bad that, in late 2006, Telstra actually had to disconnect the Cape Bridgewater Holiday Camp from the fibre network and return it back to the already-corroded copper-wire network (see Open Letter File No/23).

In my 157-page Statement of Facts and Contentions dated 26 July 2008, which I provided to Mr Friedman and ACMA, I clearly defined how, for reasons unknown, AUSTEL, and later ACMA, did not conduct themselves in a properly transparent manner. This behaviour included allowing Telstra to support their arbitration defence by using deficient Ericsson NEAT Cape Bridgewater test results that AUSTEL (now ACMA ) knew were grossly deficient  – long before they used them. It is also clear from the same Statement of Facts and Contentions that I highlighted Telstra’s use of the sanitised April 1994 AUSTEL Report instead of the later, and more adverse, AUSTEL findings (against Telstra). that eventually resulted from AUSTEL’s full investigation into my matters, and that I explained how this severely disadvantaged my March/April 2006 submission to the Department of Communications, Information Technology, and the Arts. The financial cost of preparing that 2006 submission came to more than $20,000, which was entirely a waste of money, as I did not receive a copy of AUSTEL’s Adverse Findings until November 2007.

If I had received those findings before the DCITA government assessment process, I would have been able to prove to the DCITA assessors my claims were valid..

Transcripts from my AAT hearings (respondents ACMA) on 3 October 2008 (No V2008/1836) and 26 May 2011 (No 2010/4634) show I maintained both my Freedom of Information applications to ACMA should be provided free of charge, in the public interest, including all of the requested information both Telstra and AUSTEL withheld during my government-endorsed arbitration process. Senior AAT member Mr G D Friedman considered both these AAT hearings and it is now apparent that Mr Friedman was unaware that the government solicitors (AGS) and ACMA based their defence of my claims on the inaccurate DCITA COT archival documents, including the sanitised public AUSTEL COT report released in April 1994. Neither document includes the true (and very adverse) findings that AUSTEL had originally reached in relation to Telstra’s dealings with me (see AUSTEL’s Adverse Findings).

“Let me just say, I don’t consider you, personally, to be frivolous or vexatious – far from it.

“I suppose all that remains for me to say, Mr Smith, is that you obviously are very tenacious and persistent in pursuing the – not this matter before me, but the whole – the whole question of what you see as a grave injustice, and I can only applaud people who have persistence and the determination to see things through when they believe it’s important enough.”

And, in 2008, Darren Lewis wrote to the Federal Magistrates Court stating:

“I was advised by Ms McCormick that the Federal Magistrates Court had only received on 5th December 2008 an affidavit prepared by Alan Smith dated 2 December 2008. PLEASE NOTE: I originally enclosed with Alan Smith’s affidavit in the (envelope) overnight mail the following documents:

  1. Two 29 page transparent s/comb bound report titled SVT & BCI – Federal Magistrates Court File No (P) MLG1229/2008 prepared by Alan Smith in support of my claims that I had inherited the ongoing telephone problems and faults when I purchased the Cape Bridgewater Holiday Camp
  2. Two s/comb transparent bound documents titled Exhibits 1 to 34
  3. Two s/comb transparent bound documents titled Exhibits 35 to 71 (the attached 71 Exhibits was enclosed in support of Alan Smith’s 29 page report);
  4. Three CD Disks which incorporated all of the submitted material.

“On learning from Ms McCormick that the information discussed above in points 1 to 4 had not been received by the Federal Magistrates Court I again had a stress attack seizure, a problem I have been suffering with for quite some time due to the predicament I now find myself in and the disbelief that once again my mail has been intercepted. I have attached herewith dated 3rd December 2008, a copy of the Australia Post overnight mail receipt docket numbers SV0750627 and SV0750626 confirming the total cost to send the above aforementioned information was $21.80. I am sure Australia Post would confirm that a large amount of documents would have been enclosed in these two envelopes when they left Portland.” (See My Story Evidence File 12-A to 12-B)

Australia Post will not charge any postage fee for an overnight parcel unless they stamp and retain it. Since neither of these parcels arrived at their proper destination with all of the information originally enclosed, those documents must, therefore, have been ‘lost’ between the Portland Post Office and the Magistrates Court.

As I have reported throughout this webpage numerous Telstra COT related arbitration documents (like those lost on route to the Federal Magistrates Court in December 2008) were also lost during 1994/95 on route to the arbitrator hearing my case.

As Darren’s letter shows, I helped him prepare these reports two in his bankruptcy appeal against the Australian Taxation Office (for back taxes) using my own evidence that the Telstra Corporation, knowingly submitted two false and fundamentally flawed Cape Bridgewater Ericsson testings results to the arbitrator during my arbitration, to deliberately mislead the arbitrator into believing that there were no more ongoing phone problems affecting my business, when the Ericsson faulty equipment used in that testing had not proved those findings at all.

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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.”

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

“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

“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

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

– Edmund Burke