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Chapter Three - Julian Assange's ignored message

While we are not glorifying Julian Assange in this Hacking Julian Assange Chapter Three segment as an Australian national hero to the free world, it is still a fact, that he and his young friends played a very important part in the first four COT arbitrations. The profile of these youths fit the profile of Julian Assange mentioned in a number of editorials i.e. justice for all.  We have discussed this hacking issue because if it was was not Julian Assange and his young friends who contacted COT spokesperson Graham Schorer, then someone else in Melbourne Australia decided to expose what they had uncovered concerning Telstra’s unlawful conduct during the COT arbitrations. Therefore, it was important we raise the Julian Assange issue here because of the serious nature of what these hackers saw as an injustice against fellow Australian citizens.

Enter the Hackers

Absent Justice - Justice for All

After contacting me to discuss this offer, Graham Schorer and I decided not to accept this information. We were of the belief that accepting damning evidence outside the due process of discovery and/or FOI could be seen as acting unlawfully.

It is now apparent from two publications – one titled The Most Dangerous Man In The World by renowned investigative journalist Andrew Fowler and the other by Dr Suelette Dreyfus and Julian Assange, titled Underground – that it was Julian Assange and his companions who contacted Graham.

We again stress, our only contact with Mr Assange was back when he was one of the young hackers who contacted Graham Schorer, when Graham was the official COT spokesperson, warning him he and his computer friends had uncovered damning information concerning our arbitrations.  That information was related to the ongoing telephone problems in Telstra’s network and how Telstra, and others, had been acting against us outside of the law to our detriment.  At the time, we alerted the administrator of our arbitration process to this information and the administrator then advised Graham that the hackers had been ‘apprehended’, but he would not tell Graham what he and/or the authorities had uncovered during their investigations into the information the hackers wanted to share with us.  Sometime later the same administrator (Warwick Smith) was advised, by his own arbitration unit, that there had been ‘forces at work’ that had ‘derailed’ the COT arbitrations (see Chapter One Prologue page). Regardless of this inside official information from Warwick Smith’s own arbitration unit (which supported what and hackers had told us) was concealed from the COT Cases during their designated appeal processes. Once again the hackers had been right that it was not only Telstra who were acting unethically towards us during our arbitrations.

Also stated on our front page Absentjustice my story we show two important events that support my belief that it was Julian Assange who told Graham how disgusted he was at Telstra’s treatment of the COT Cases: first – the Andrew Fowler and Suelette Dreyfus books and their individual discussions about how Julian Assange and his young team had hacked into Telstra’s Melbourne telephone exchange and second – the fact that Warwick Smith warned Graham Schorer that the hackers ‘had been apprehended’.  And, don’t forget, all this occurred back when Telstra was still owned by the Australian Government.

It is appalling that it took a Senate Committee and an Officer from the Commonwealth Ombudsman’s Office almost two years (between September 1997 and March 1999) to uncover the same information that Mr Assange had uncovered years earlier.  At the very least it certainly leaves a lot to be desired.

In hindsight, had COT cases accepted the internal Telstra emails and faxes the hackers offered, we would have won our arbitrations back in 1994. At the time, however, we suspected this contact from the hackers were either a Telstra trick or a trick by the government to catch us red-handed with ill-gotten documents, which would have ended our arbitrations. The hackers kept telling Graham that those actually conducting the arbitrations were involved in this giant conspiracy.

Hacking / Unresolved Privacy Issues

Between June 2011 and June 2012, I sent a number of letters to the Hon Robert Clark, Victorian attorney-general, regarding the prolonged, unauthorised interception of Graham Schorer’s and my faxes during and after our arbitrations. Three replies (dated 12 October 2011, 23 March 2012 and 2 July 2012) are in Main Evidence File No 10. Each response, all headed Interception of facsimiles, stipulated that the Department of Justice cannot investigate interception of faxes, even though I provided documented proof of:

SENATE Hansard, page 5169 discusses a document titled COT strategy (which is available at Prologue Evidence File 1-A to 1-C) showing that even before the arbitrations had begun Telstra and their lawyers had colluded on how to conceal technical documents from the first four COT Cases. Garms, Gillan, Schorer and me. Just imagine had Graham Schorer and I had not been afraid that this offer by the hackers was a setup by Telstra to trick us COT Cases into accepting documents from an illegal source. Had we fallen for this method of discovery we would have been expelled by the administrators from the arbitration process. On this occasions being honest did not pay because had we received the various emails we now have on file including the information contained in Prologue Evidence File 1-A to 1-C we could have been able to use these documents to prove Telstra and their lawyers had conspired to pervert the course of justice before we entered the arbitration. In simple terms, Not listening to these computer hackers went onto destroying many of the COT Cases lives and the lives of their families.

It is important to note that just prior to these hackers contacting Graham, in March 1994, Mr Schorer’s office was broken into in. I was also assisting the Australian Federal Police (AFP) with their investigations into my claims of fax interceptions. Hacking-Julian Assanage File No 52 contains a letter from Telstra’s internal corporate solicitor to an AFP detective superintendent, misinforming the AFP concerning the transmission fax testing process. The rest of the file shows Telstra did experience major problems when testing my facsimile machine when it was tested in conjunction with a facsimile machine installed at Graham’s office.

It is important to highlight how skilfully Mr Row did not disclose to the AFP the problems Telstra had experienced when sending and receiving faxes between my machine and Graham’s fax machine.

Although the following 22 April 1994 fax issue is addressed above, it relates directly to AUSTEL only receiving three blank pages, even though AUSTEL’s fax report shows these pages took between 1min 20sec to 2min 40sec to transmit. (See Hacking-Julian Assange File No/34-A and File No/34-B)

None of those three blank pages had my fax identification displayed at the top of the received documents nor the time and date that they were sent. However, they all had a single, small square in the top right corner of the page, each with a number inside it.

Even if blank sheets of paper are faxed mistakenly instead of printed documents, they will still arrive with the sender’s identity, the date and the time the document was sent. As I later proved to the arbitrator, these blank documents did not include any sender identification. The arbitrator, however, for reasons known only to him, never investigated this apparent interception of my arbitration claim documents – clearly an invasion of my privacy – just as he didn’t investigate the threats and harassment from senior Telstra executives that I ruined any chance or proving my phone problems were ongoing.

In this Chapter Four, we provide further examples of relevant documents not reaching the arbitration process for assessment. The young computer hackers contacted the COT cases twice in early 1994 to advise they had hacked into Telstra’s email service and uncovered Telstra acting unlawfully towards the COT cases. They asked if we wanted the evidence. We refused to accept this evidence, as we were concerned we were being set-up. We notified the authorities and as these hackers and Julian Assange were caught around the same time, this suggests we unwittingly played a part in his arrest. It is now obvious the hackers were telling the truth about Telstra’s conduct towards the COT cases, but COT spokesperson, Graham Schorer, remembers the hackers implied it was not only Telstra people who were acted inappropriately towards us; they indicated they uncovered other people who were working against us from within the process itself, who were also acting inappropriately. Unless the hackers decide to contact us again now, in 2020, to explain who those other people were, which is of course highly unlikely, we will probably never know for sure.

Telstra had so much power over the then government communications regulator AUSTEL that it was able to force AUSTEL to drastically reduce the numbers included in AUSTEL’s original COT Case April 1994 Report, from some 120,000 COT-type customers who were having similar problems, right around Australia, to just 50-plus. Were these the letters from Telstra to AUSTEL (see Falsification Report File No/8) that prompted the hackers to advise COT case spokesperson Graham Schorer that the government was assisting Telstra in their defence of the COT cases claims? Why didn’t the Telecommunication Industry Ombudsman (the administrator of our arbitrations) transparently investigate what Mr Schorer and I reported concerning the type of documents the hackers wanted to provide the arbitration process with?

On the covering page of a joint 10-page letter dated 11 July 2011 to the Hon Robert McClelland, federal attorney-general and the Hon Robert Clark, Victorian attorney-general, I note:

“In 1994 three young computer hackers telephoned Graham Schorer, the official Spokesperson for the Casualties of Telstra (COT) in relation to their Telstra arbitrations.

  • Was Jullian Assange one of these hackers?
  • The hackers believed they had found evidence that Telstra was acting illegally. 
  • In other words, we were fools not to have accepted this arbitration file when it was offered to us by the hackers who conveyed to Graham Schorer a sense of the enormity of the deception and misconduct undertaken [sic] by Telstra against the COT Cases.” (See Exhibit 818 in File AS-CAV 790 to 818)

It is also clear from my joint letter of 20 June 2012 to both Attorney-General see exhibit 818 File AS-CAV 790 to 818), that I alerted them to my letter to John Pinnock (TIO) on 20 October 1995, concerning what the hackers had exposed to Graham Schorer surrounding the conduct of our TIO-administered arbitrations.

I also wrote to the Hon Robert Clark on 20 June 2012, to remind him that his office was already in receipt of a 7 July 2011 statutory declaration prepared by Graham Schorer. This statutory declaration discusses the three young computer hackers who phoned Graham during the COT arbitrations of 1994 to warn him. They had discovered that Telstra and others associated with the arbitrations were ‘acting unlawfully’ towards the COT group. Graham’s statutory declaration includes the following statements:

“After I signed the arbitration agreement on 21st April 1994 I received a phone call after business hours when I was working back late in the office. This call was to my unpublished direct number.

“The young man on the other end asked for me by name. When I had confirmed I was the named person, he stated that he and his two friends had gained internal access to Telstra’s records, internal emails, memos, faxes, etc. He stated that he did not like what they had uncovered. He suggested that I should talk to Frank Blount directly. He offered to give me his direct lines in the his [sic] Melbourne and Sydney offices…

“The caller tried to stress that it was Telstra’s conduct towards me and the other COT members that they were trying to bring to our attention.

“I queried whether he knew that Telstra had a Protective Services department, whose task was to maintain the security of the network. They laughed, and said that yes they did, as they were watching them (Telstra) looking for them (the hackers). …

“After this call, I spoke to Alan Smith about the matter. We agreed that while the offer was tempting we decided we should only obtain our arbitration documents through the designated process agreed to before we signed the agreement.” (See Hacking – Julian Assange File No/3)

What we later found out concerning the type of in-house emails that these hackers wanted to share appears to have been associated with correspondence, between Telstra, its lawyers, and AUSTEL, discussing vital information that Telstra and its lawyers wanted the government to remove from their COT cases report. The only thing we COT cases have at present that resembles the type of evidence the hackers wanted to provide to us is two letters between Telstra and AUSTEL, dated 8 and 9 April 1994 (see Introduction File No/8-A to 8-C). These letters demand AUSTEL remove its true finding from its public report – stating that some 120,000 COT-type complaints had been located – and replace that figure with hundreds or more COT type complaints, which AUSTEL did by stating in the formal report:

“…the number of Telecom customers experiencing COT type service difficulties and faults is substantially higher than Telecom’s original estimate of 50”  (See Manipulating the Regulator, Chapter Three).

The fact that Telstra had so much power over a government communications regulator that it was able to force it to drastically reduce the numbers included in AUSTEL’s COT Case April 1994 fings, from some 120,000 COT-type customers who were having similar problems, right around Australia, to just 50-plus, is mind-blowing, to say the least.

Were these the same letters from Telstra to AUSTEL (see Falsification Report File No/8) that prompted the hackers to advise COT case spokesperson Graham Schorer that the government was assisting Telstra in their defence of the COT cases claims i.e. our arbitrations were not being conducted under the rule of law? What did the hackers find amongst Telstra arbitration documents in order for them to form the opinion that the rule of law was not being abided too?

Why didn’t the Telecommunication Industry Ombudsman (the administrator of our arbitrations) transparently investigate what Mr Schorer and I reported concerning the type of documents the hackers wanted to provide the arbitration process with?

Agreeing to this alteration, at the defendant’s request (Telstra was, after all, the defendant in our arbitrations), devalued the government report to where it was now a fabricated document being used by the arbitrator, unaware it was severely tainted. The fact that it was used as evidence in the COT arbitrations appears not to have worried AUSTEL, but it did worry the hackers to the extent of them contacting Graham.

My letters to the two aforementioned Attorney-General’s also recorded other valuable information that we COT Cases had uncovered, just like the young hackers, concerning the very same matters that the hackers had found, as well as information regarding what Telstra was doing ‘behind the scenes, during our arbitrations.  It was clear that Telstra’s secret behaviour in relation to the COTs had only one aim: to stop any of the matters raised by COT from being revealed to the Government, or to the public, at the time (1994), even though all those matters were of national importance to all Australians.

The following link at Assange Defense is a more updated account of what is currently happening to Julian Assange as he fights the system that wants him destroyed.

Absent Justice - Julian Assagne

Regarding our COT arbitrations did the hackers uncover:

  1. Evidence Dr Hughes was forced, under pressure from the Establishment, to use Telstra’s drafted arbitration agreement instead of the agreed, independently drafted agreement all relevant parties were told would be used?;
  2. Evidence the arbitrator agreed with the defendants that he and his arbitration project manager would only assess a limited amount of claim documents in order to minimise Telstra’s liability? 
  3. Evidence that Telstra and the TIO agreed to secretly appoint a second arbitrator who would decide which arbitration procedural documents would reach the official arbitrator (Dr Gordon Hughes) and which would be concealed? (AS-CAV Exhibits 589 to 647 - See AS-CAV 590);
  4. Evidence confirming someone with access to Telstra’s fax screening process were diverting arbitration claim documents to a designated filing system before they were redirected onto their intended destination? (See Open Letter File No/121316 and File No17).

In my case, even though the arbitrator’s secretary advised the arbitration process that six of my faxed claim documents never reached the arbitrator’s office, I was never afforded the opportunity to resubmit this material for assessment. My fax account shows I dialled the correct fax number on all six occasions.

As we have explained on our throughout absentjustice.com, we have broken this complex story up into sections in the hope of providing clarity. There are many people and organisations involved in this collusion and perversion of the course of justice, including government officials, the arbitrator, the Telecommunications Industry Ombudsman and the defendants (Telstra). A number of different headings apply to many of the issues. To avoid repeating the beginning of the story on each webpage, the Hacking – Julian Assange section begins mid-1994 and reveals the details of how incompetently COT arbitrations were handled, beginning with the lead-up to the process in 1994 and from then on.

Because, not long into our arbitrations, Graham Schorer (the official COT spokesperson) received two phone calls within a couple of days, both from young people. They told Graham they knew we were in arbitration with Telstra and wanted to alert him to what they had discovered when they hacked into Telstra’s email network: they had found documents confirming that there were people close to our arbitration – as well as Telstra – who were acting unlawfully towards us. Both times they rang they asked if we would like them to send us that evidence.

Graham and I discussed the offer of the first call but, although we were interested in what Graham had heard, we finally said NO on the second call. We were concerned this might be a set-up by Telstra and therefore if we agreed to accept this promising material, then both our arbitrations might be declared null and void – especially if we accepted Telstra documents that had been deliberately tampered with.

Since then Andrew Fowler and Suelette Dreyfus have each published books referring to Julian Assange’s hacking into Telstra’s Lonsdale Telephone Exchange in Melbourne, which both Graham’s business and mine were trunked through. In hindsight, we probably should have accepted that very kind offer. We might well have been able to use that evidence against Telstra all those years ago and perhaps we would not be here writing our story 20 years later.

Graham’s statutory declaration about these two 1994 phone calls is discussed below. However, some issues we discuss elsewhere on the website are also relevant to this page; issues such as fax and telephone hacking, submission of false material to arbitration and harassment. Australian Federal Police transcripts (see Australian Federal Police Investigation File No/1) support my assertion that during my 1992 commercial settlement process with Telecom/Telstra and through to at least 1994 (during my government-endorsed arbitration procedure) the Cape Bridgewater Holiday Camp telephone services were live monitored and my business was under surveillance.

Telstra email K01006, dated Thursday 7 April 1994, at 2.05 pm raises two issues. Firstly this date falls during the time I was involved in the Regulator-designed commercial agreement with Telstra and secret observations would surely seem to be inappropriate, at the very least.  Secondly, this document refers to a time when I would be away from his business during this pending arbitration process. The author of the email states:

“Mr Alan Smith is absent from his premises from 5/8/94 – 8/8/94. On other occasions when he has been absent there have been documented complaints received (usually months later) involving NRR etc. I called the premises at approx 4:55 pm 6/4/94. The answer time was 41 secs.

I intend on this occasion to document his absence and file all data I can collect for the period. That way we should be prepared for anything that follows.” 

Absent Justice - Fax + Telephone Hacking

Clearly, the writer knew, in April of 1994, that I planned to be away later that year, in August. In other words, he knew of my movements, four months in advance.

The then-Minister for Communications, the TIO and the Federal Police were all supplied with this document, along with a number of other documents indicating that my private telephone conversations were being ‘bugged’.Another FOI document Folio 000605, clearly shows that the writer knew when “…Smith is in Melbourne”. I used to go to Melbourne (see AFP Evidence File No 8) on promotional tours to various single clubs advertising what outdoor activities we were packaging for two and three night stop-overs. Horse riding, canoeing, caving and bush-walking. How could the writer have this information, if someone hadn’t listened to this call to find out when I was going and which local girl would be on duty at the camp? Anyone reading the AFP transcripts from their interview with me on 26 September 1994 (see AFP Evidence File No 1) they will see that the AFP documented many examples where unless Telstra was not listening into my private telephone conversations they would not have been able to document what they had on these FOI documents.  Telstra have never been able to explain how they came by this information. At other times, this same person has also stated that he knew I had spoken to Malcolm Fraser, former Australian Prime Minister, on the phone, and when that conversation took place. (AFP Evidence File No 7) He insists I told him about this conversation, but this is not true. Again, Telstra has never been able to find a convincing explanation for their employee having this information. Obviously Telstra was still listening to my private calls, even though he was then involved in litigation with them and their lawyers.

Listening to private calls is appalling enough, but the following information is even more damning. Page A133 of the official Senate Hansard records dated 25 February 1994 states that the then-Shadow Minister for Communications questioned the Regulator’s Chairman, asking:

“Why did not Austel immediately refer COT’s allegations of voice recording to the federal police instead of waiting for the minister to refer the matter to the Attorney-General and then on to the federal police? 

A copy of a letter dated 2 March 1994, from Telstra’s Corporate Solicitor, Ian Row, to Detective Superintendent Jeff Penrose (see Home Page Part-One File No/9-A to 9-C). This letter makes it quite clear that Mr Penrose was profoundly misled and deceived about the faxing problems I was having to deal with, as discussed in this letter. Over the years, many people have compared the four exhibits numbered (File No/9-C) with the interception evidence revealed in Open Letter File No/12, and File No/13 and promptly concluded that, if Ian Row had not misled the AFP in relation to my faxing issues then the AFP would have been able to stop Telstra from intercepting the various relevant AFP arbitration documents in March 1994, before any damage had been done.

The then-Minister for Communications, the TIO and the Federal police were all supplied with this document, along with a number of other documents indicating my private telephone conversations were being ‘bugged’. Another FOI document, Folio 000605, shows the writer knew when “…Smith is in Melbourne”. I used to go to Melbourne (see AFP Evidence File No 8) on promotional tours to various single clubs advertising the outdoor activities we were packaging for two and three night stays. This information could only have been gleaned from listening into this call to find out when I was going and which staff member would be on duty at the camp. Anyone reading the AFP transcripts of my interview on 26 September 1994 (see AFP Evidence File No 7) will see the AFP documented many examples Telstra must have listened into our private telephone conversations in order to document the details in these FOI documents. Open Letter File No/12 and File No/13 prove COT cases’ faxes were intercepted during their arbitrations.

At Australian Federal Police Investigations, there is a detailed description of how Dr Hughes (the arbitrator) spent five, non-stop hours interrogating me in front of two of Telstra’s arbitration defence officers.  This interrogation included questions that were clearly made in an attempt to discover how far the Australian Federal Police had reached, during their investigations into issues that the then-Government Minister, Michael Lee MP, had officially asked them to investigate, in relation to whether or not my faxes were indeed being intercepted or had just been lost in the system.  This sort of interrogation was, however, forbidden under the rules of the signed arbitration agreement but, in Australia, when you challenge the Telstra Corporation, you have absolutely no chance of finding justice!

In January 1999, the arbitration claimants provided the Australian government with a report confirming confidential, arbitration-related documents were secretly and illegally screened before they arrived at their intended destination. In my case, even though the arbitrator’s secretary advised the arbitration process that six of my faxed claim documents never reached the arbitrator’s office, I was never afforded the opportunity to resubmit this material for assessment. My fax account shows I dialled the correct fax number on all six occasions.

NONE of the COT cases was ever on a terrorist list in 1994 (or since, for that matter) and none of us was ever listed as suspects regarding any crimes committed against any Australian citizens. Why were our in-confidence arbitration and Telstra-related documents hacked by Telstra? In my case, 42 separate sets of correspondence faxed to the arbitrator’s office (some with attachments) are not listed on the Arbitration Schedules of Material as received by the arbitration process. Front Page Part One File No/1 shows the arbitrator’s secretary advised Tony Watson (of Telstra’s arbitration defence unit) that on 23 May 1994 six of my claim documents did not reach arbitrator’s fax machine. Yet, I was charged on my Telstra account for those six faxes. When this matter was exposed, no one from the arbitrator’s office nor the TIO’s office allowed me to amend my claim so that proven “not received” claim documents were valued by the arbitrator in support of my claim.

 

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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.

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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

“…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

“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