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Chapter Two - Illicit screening

Absent Justice - Lost Faxes

My 3 February 1994 letter to Michael Lee, Minister for Communications (see Hacking-Julian Assange File No/27-A) and a subsequent letter from Fay Holthuyzen, assistant to the minister (see Hacking-Julian Assange File No/27-B) to Telstra’s corporate secretary, show I was concerned that my faxes were being illegally intercepted.

An internal government memo, dated 25 February 1994, confirms that the minister advised me that the AFP would investigate my allegations of illegal phone/fax interception. (See Hacking-Julian Assange File No/28)

25 February 1994: This internal Government Memo confirms that the then-Minister for Communications and the Arts had written to me to advise that the Australian Federal Police (AFP) would investigate my allegations of illegal phone/fax interception. (AFP Evidence File No 4)

18 March 1994: This letter from Steve Black, Telstra’s appointed arbitration liaison officer to my arbitration process wrote to Robin Davey, Chairman of AUSTEL AFP Evidence File No 6 under the heading Tape Recorders – Use In Locating Fax Faults noting: 25 February 1994: When this letter to Telstra’s Corporate Secretary from Fay Holthuyzen, Assistant to the Minister for Communications, Michael Lee, is compared to the letter dated 3 February 1994 Exhibit that I sent to the Minister’s office it is clear that I was concerned that his faxes were being illegally intercepted (AFP Evidence File No 5)

“In a small number of cases, where the customer indicates that the problem is specific to transmission between two particular facsimile machines then, with the consent of the customers controlling those facsimile machines, the test transmission between these facsimiles machines will be taped and analysed.

In these cases, recording would be carried out in circumstances where:

the customer’s consent has been confirmed in writing by facsimiles or otherwise;
the recording would be of signals generated by a test message;
there is no B party involved.” (see AFP Evidence File No 6)

I was never warned, either prior, during his arbitrations or, during the seven years after his arbitration, that Telstra was intercepting his faxes as part of their testing process – or for any other reason for that matter – and neither did I ever provide Telstra with written permission for this interception to occur, even though this letter to Mr Davey (AFP File 6) is quite clear that it was mandatory for Telstra to apply for written permission to use tape recorders when intercepting phone calls and/or faxes.

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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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“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

“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

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

– Edmund Burke