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Chapter 3 - Hacked documents

 

The following information below has been used here Chapter 3 - Hacked documents because of the statements made by Julian Assange to COT spokesperson Graham Schorer that others assocated with the COT arbitrations, not just Telstra, was concealing relevant documents from the COT Cases. This information shows that AUSTEL covered news not just from the COT Cases by the then Labor government concerning how bad the telephone service supplied to the COT Cases.

It is essential to support Julian Assange in this matter because it is so blatantly obvious he was not just talking down the government; he was concerned that these problems were being covered up just like so many other cover-ups this COT story shows was in plague mode. Julian Assange should be praised because he was an Australian who believed he had an obligation as a citizen to expose what was not revealed on absentjustice.com. 

The following point examples that are listed below support my claims that Telstra's SVT arbitration reporting shows Telstra's SVT equipment did not connect successfully to my business lines during the mandatory SVT arbitration testing. While the report itself appears, at first, to be too technical for most people to understand, it had to be submitted as a testament to my claims. What the average reader will conclude from it is that, with the assistance of a number of radical Government communications regulatory bureaucrats, Telstra knowingly perverted the course of justice during my 1994/95 arbitration. Since then though, no one has investigated this matter, regardless of the damage that Telstra’s perversion of the course of justice caused me.Govt/Telstra/SVT Report Exhibits 1-A to 10-B Govt/Telstra/SVT Report Exhibits 11 to 23-G Govt/Telstra/SVT Report Exhibits 23-H to 30-A Govt/Telstra/SVT Report Exhibits 30-B Govt/Telstra/SVT Report Exhibit 31-A to 46-E Govt/Telstra/SVT Report Exhibits 46-F to 62

AUSTEL COT Case’s public report

Point 5.46 on page 95 ‘

Where, as part of its direction, AUSTEL sought to obtain detailed information on each of the exchanges involved in terms of performance standards, actual performance, maintenance requirements and achievements, Telecom initially responded with advice in terms of a few generalisations. Very specific requests were necessary to obtain data which a co-operative approach may well have been expected to deliver. Indeed, throughout this inquiry, it has been apparent that Telecom has chosen to interpret AUSTEL’s request for information in the narrowest possible terms. The net effect of this was to minimise the amount of relevant data it put before AUSTEL and lengthen the process necessary to extract it.

On 21st November 2007, I received from the Australian Communications and Media Authority (ACMA), under FOI, a copy of AUSTEL’s original draft findings dated 2nd / 3rd March 1994, regarding the telephone problems experienced by the Cape Bridgewater Holiday Camp during 1988 to 1994. Copied below are some of the page numbers and points in the report. The reason I am discussing these issues here in our Manipulating the Regulator page is to show the difficulties that AUSTEL as the Government regulator had in obtaining documents from Telstra (at the time a fully Government-owned Corporation). Given these difficulties, the non-supply of documents to the COT claimants during their respective arbitrations is one of the reasons I was unable to conclusively prove to the arbitrator my telephone faults were still ongoing.  The following list identifies some areas (in the AUSTEL draft report) where AUSTEL had problems with access to Telstra records on the service provided to me:

     Point 43 on page 20 “As no fault report records remain in existence from Cape Bridgewater residents prior to this period, or these records have not been provided to AUSTEL, it is difficult to gauge the level of problems in the area.”

     Point 48 on page 22 “AUSTEL has been hampered in assessing Telecom’s dealings with Mr Smith by Telecom’s failure to provide files relating to Mr Smith’s complaints.”

     Point 71 on pages 28 and 29 “AUSTEL has not been provided with the documents on which the conclusion in this briefing summary were reached, such as fault reports from other Cape Bridgewater subscribers over this period or the details of the final selector fault.  It would have been expected that these documents would have been retained on file as background to the summary.  It can only be assumed that they are contained within the documentation not provided to AUSTEL.”

     Point 140 on page 49 “It should be noted that AUSTEL’s investigation of matters relating to the RCM problem has been hampered by Telecom’s failure to make available to AUSTEL a file specifically relating to the Pairs Gains Support investigation of the RCM.  The file was requested by AUSTEL on 9 February 1994.”

     Point 160 on page 55 “It should be noted that it is hoped that a number of issues in regard to the Cape Bridgewater RCM will be clarified when Telecom provides the documentation requested by AUSTEL.”

Once AUSTEL was fully aware Telstra was refusing AUSTEL relevant information that would allow the government communications regulator to prepare its official report for the minister after the regulator facilitated the arbitration and mediation processes that were to be based on information obtained from Telstra, it is obvious that AUSTEL should never have allowed those processes to proceed. AUSTEL breached its duty of care to the COT cases by permitting the arbitrations/mediations to proceed. After all, if the government could not officially order Telstra to supply records to the minister, then what hope did the COT cases ever have of obtaining the same documents?

Absentjustice-Introduction File 495, dated 22 September 1994, is a transcript taken during an oral interview at the Commonwealth Ombudsman’s Office, with AUSTEL’s representatives Bruce Matthews and John McMahon. On page 7 of this manuscript the Commonwealth Ombudsman’s officer John Wynack, asked: ‘What was the date the report was issued, the AUSTEL report? And Mr Matthews replied: ‘The final report was April – I can’t remember the date in April, but April 1994. The draft report was produced in March 1994 and Telecom received their copy of that at the time.’

Absent Justice - In Simple Terms

Minimizing Telstra’s liability 

In simple terms, by AUSTEL only providing Telstra with a copy of their AUSTEL’s Adverse Findings in March 1994, not only assisted Telstra during their defence of my 1994/95 arbitration it also assisted Telstra in 2006, when the government could only assess my claims on a sanitized report prepared by AUSTEL and not their AUSTEL’s Adverse Findings.

AUSTEL’s Adverse Findings, at points 10, 23, 42, 44, 46, 109, 115, 130, 153, 158, 209 and 212 (below), were compiled after the government communications regulator investigated my ongoing telephone problems. Government records (see Absentjustice-Introduction File 495 to 551) show AUSTEL’s adverse findings were provided to Telstra (the defendants) one month before Telstra and I signed our arbitration agreement. I did not get a copy of these same findings until 23 November 2007, 12 years after the conclusion of my arbitration.

Page 10 – “Whilst Network Investigation and Support advised that all faults were rectified, the above faults and record of degraded service minutes indicate a significant network problem from August 1991 to March 1993.”

Point 23 – “It is difficult to discern exactly who had responsibility for Mr Smith’s problems at the time, and how information on his problems was disseminated within Telecom. Information imparted by the Portland officer on 10 February 1993 of suspected problems in the RCM [Cape Bridgewater unmanned switching exchange]“caused by a lighting (sic) strike to a bearer in late November” led to a specialist examination of the RCM on March 1993. Serious problems were identified by this examination.”

Point 42 – “Some important questions are raised by the possible existence of a cable problem affecting the Cape Bridgewater Holiday Camp service. Foremost of these questions is why was the test call program conducted during July and August 1992 did not lead to the discovery of the cable problem. Another important question is exactly how the cable problem would have manifested in terms of service difficulties to the subscriber.”

Point 44 – “Given the range of faults being experienced by Mr Smith and other subscribers in Cape Bridgewater, it is clear that Telecom should have initiated more comprehensive action than the test call program. It appears that there was expensive reliance on the results of the test program and insufficient analysis of other data identifying problems. Again, this deficiency demonstrated Telecom’s lack of a comprehensive and co-ordinated approach to resolution of Mr Smith’s problems.” 

Absent Justice - Negligent Action

Point 46 –“File evidence clearly indicates that Telecom at the time of settlement with Mr Smith had not taken appropriate action to identify possible problems with the RCM . It was not until a resurgence of complaints from Mr Smith in early 1993 that appropriate investigative action was undertaken on this potential cause In March 1993 a major fault was discovered in the digital remote customer multiplexer (RCM) providing telephone service to Cape Bridgewater holiday camp. This fault may have been existence for approximately 18 months. The Fault would have affected approximately one third of subscribers receiving a service of this RCM.  Given the nature of Mr Smith’s business in comparison with the essentially domestic services surrounding subscribers, Mr Smith would have been more affected by this problem due to the greater volume of incoming traffic than his neighbours.”

Point 76 – “One disturbing matter in relation to Mr Smith’s complaints of NRR [not receiving ring] is that information on other people in the Cape Bridgewater area experiencing the problem has been misrepresented from local Telecom regional manager to more senior manager.” 

Point 86 – “From examination of Telecom’s documention concerning RVA [a recorded voice announcement – not in service] messages on the Cape Bridgewater Holiday Camp there are a wide range of possible causes of this message.” 

Point 109 – The view of the local Telecom technicians in relation to the RVA problem is conveyed in a 2 July 1992 Minute from Customer Service Manager – Hamilton to Managers in the Network Operations and Vic/Tas Fault Bureau:

“Our local technicians believe that Mr Smith is correct in raising complaints about incoming callers to his number receiving a Recorded Voice Announcement saying that the number is disconnecte. They believe that it is a problem that is occurring in increasing numbers as more and more customers are connected to AXE. [AXE – Portland telephone exchange]”

Point 115 –“Some problems with incorrectly coded data seem to have existed for a considerable period of time. In July 1993 Mr Smith reported a problem with payphones dropping out on answer to calls made utilising his 008 number. Telecom diagnosed the problem as being to “Due to incorrect data in AXE 1004, CC-1. Fault repaired by Ballarat OSC 8/7/93, The original deadline for the data to be changed was June 14th 1991. Mr Smith’s complaint led to the identification of a problem which had existed for two years.”

Absent Justice - Constant Complaints

Point 130 – “On April 1993 Mr Smith wrote to AUSTEL and referred to the absent resolution of the Answer NO Voice problem on his service. Mr Smith maintained that it was only his constant complaints that had led Telecom to uncover this condition affecting his service, which he maintained he had been informed was caused by “increased customer traffic through the exchange.”  On the evidence available to AUSTEL it appears that it was Mr Smith’s persistence which led to the uncovering and resolving of his problem – to the benefit of all subscribers in his area”.

Point 153 –“A feature of the RCM system is that when a system goes “down” the system is also capable of automatically returning back to service. As quoted above, normally when the system goes “down” an alarm would have been generated at the Portland exchange, alerting local staff to a problem in the network. This would not have occurred in the case of the Cape Bridgewater RCM however, as the alarms had not been programmed. It was some 18 months after the RCM was put into operation that the fact the alarms were not programmed was discovered. In normal circumstances the failure to program the alarms would have been deficient, but in the case of the ongoing complaints from Mr Smith and other subscribers in the area the failure to program these alarms or determine whether they were programmed is almost inconceivable.”

Point 158 – “The crucial issue in regard to the Cape Bridgewater RCM is that assuming the lightning strike did cause problems to the RCM om late November 1992 these problems were not resolved till the beginning of March 1993, over 3 months later. This was despite a number of indications of problems in the Cape Bridgewater area. Fault reports from September 1992 also indicate that the commencement of problems with the RCM may have occurred earlier than November 1992. A related issue is that Mr Smith’s persistent complaints were almost certainly responsible for an earlier identification of problems with the RCM than would otherwise have been the case.”

Point 209 – “Cape Bridgewater Holiday Camp has a history of service difficulties dating back to 1988. Although most of the documentation dates from 1991 it is apparent that the camp has had ongoing service difficulties for the past six years which has impacted on its business operations causing losses and erosion of customer base.”

Point 210 – “Service faults of a recurrent nature were continually reported by Smith and Telecom was provided with supporting evidence in the form of testimonials from other network users who were unable to make telephone contact with the camp.”

Point 211 – “Telecom testing isolated and rectified faults as they were found however significant faults were identified not by routine testing but rather by the persistence-fault reporting of Smith”.

Point 212 – “In view of the continuing nature of the fault reports and the level of testing undertaken by Telecom doubts are raised on the capability of the testing regime to locate the causes of faults being reported.”

The statements made by the hackers (Julian Assange) to Graham Schorer – that both Telstra and the government are concealing relevant documents from the COT cases – are possibly some of the most important statements made during our four arbitrations. The damage done by withholding AUSTEL’s Adverse Findings from the arbitration process can, again, be seen in the following statements made by Sue Hodgkinson, the TIO-appointed resource unit’s financial officer.

Prologue Evidence File No/17 shows Ferrier Hodgson Corporate Advisory (FHCA), the TIO-appointed arbitration resource unit, documented, in part, Telstra’s arbitration defence issues and my claim issues, such as evidence to support claims, while unaware of AUSTEL’s true findings (supplied ONLY to Telstra), which were completely different to the findings Telstra supplied the public and the arbitration process.

On page two of an exhibit Prologue Evidence File No/17, when referring to my Telstra arbitration claim, Sue Hodgkinson (FHCA) states, in bullet form, her appraisal of the authenticity of my claim material:

Ms Hodgkinson is correct: I did not supply all of the required technical information to support my arbitration claim. This is mainly due to Telstra’s unethical conduct of withholding that information from me during my arbitration, even though I made requests under FOI between February 1994 and April 1995.

Firstly, I could not substantiate my claims because I did not receive the promised documents to support my arbitration claim. Secondly, how could I verify my claim in a statutory declaration under oath if I did not have the evidence to swear that the evidence is correct? “Smith has relied upon records kept in his diaries as his primary record of complaints,” is correct.

In many letters to Telstra, the Commonwealth Ombudsman’s director of investigations clarified that Telstra was defective in its FOI responses. This resulted in Telstra refunding me approximately 70 per cent of the unnecessary costs involved in obtaining my FOI documents during my arbitration. Those costs had to be proven by me and assessed by loss assessors, GAB Robins, appointed by the Commonwealth Ombudsman. This was not a compensation payment: I had to support each receipt of the cost involved in accessing that information through lawyers and professional advisors.

And thirdly, FHCA could not have noted, “The magnitude of fault complaints reported is unsubstantiated and appears overstated,” had the government communications regulator (AUSTEL) also provided the arbitrator and me with a copy of its AUSTEL’s Adverse Findings (see above), as it did Telstra. The arbitrator’s findings would then have been entirely different in regards to my claims.

How could anyone, from the arbitrator to Sue Hodgkinson and Telstra, have doubted the magnitude of my fault complaints or stated they were unsubstantiated when the government itself, using documents officially accessed from Telstra, showed my business suffered significantly due to Telstra’s deficient service? AUSTEL stated:

“Cape Bridgewater Holiday Camp has a history of service difficulties dating back to 1988. Although most of the documentation dates from 1991 it is apparent that the camp has had ongoing service difficulties for the past six years which has impacted on its business operations causing losses and erosion of customer base.” (See point 209 in AUSTEL’s Adverse Findings)

If this evidence had been available to the arbitrator, he would have had no option other than to pay me more than triple the amount in his award. The government communications regulator had already found in my favour before I entered the arbitration process.

As further testament to how badly Telstra’s defective FOI process affected my arbitration, 18 months after the arbitration was deemed finished the Commonwealth Ombudsman’s director of investigations clarified, in many letters to Telstra, that Telstra was defective in its FOI responses. This resulted in Telstra refunding me approximately 70 per cent of the unnecessary costs involved in obtaining my FOI documents during my arbitration. Those costs had to be proven by me and assessed by loss assessors, GAB Robins, appointed by the Commonwealth Ombudsman. This was not a compensation payment: I had to support each receipt of the cost involved in accessing that information through lawyers and professional advisors.

If Julian Assange was one of the hackers (and it appears that he was), then making such statements and accusations against governments, when those governments are wrong, appears to be what drives Julian Assange to seek justice when it’s been denied. In the case of AUSTEL, concealing their AUSTEL’s Adverse Findings from both the arbitrator and me during a government-endorsed highly legalistic arbitration process, yet providing it to the defendant (where it indeed assisted them in their defence of our claims) was wrong and grossly discriminative in the most appalling way.

It is apparant is when Julian Assange (as a boy) possibly did not understand what he revealing to COT spokesperson Graham Schorer concerning the conduct of the COT arbitrations was said in the public interest. The six senators' statements (most with knowledgeable legal background) concerning their official comments about the COT arbitrations were also said in the public interest as the following shows:

Absent Justice - My Story Senator Alan Eggleston

Forced members to proceed with arbitration without the necessary information 

On 23 March 1999, after most of the COT arbitrations had been finalised and business lives ruined due to the hundreds of thousands of dollars in legal fees to fight Telstra and a very crooked arbitrator, the Australian Financial. Review reported on the conclusion of the Senate estimates committee hearing into why Telstra withheld so many documents from the COT cases:

“A Senate working party delivered a damning report into the COT dispute. The report focussed on the difficulties encountered by COT members as they sought to obtain documents from Telstra. The report found Telstra had deliberately withheld important network documents and/or provided them too late and forced members to proceed with arbitration without the necessary information,” Senator Eggleston said. “They [Telstra] have defied the Senate working party. Their conduct is to act as a law unto themselves.”

The following Senate Hansard records, prove we should have listened to Julian Assange Eggleston, Sen Alan – Bishop, Sen Mark – Boswell, Sen Ronald – Carr, Sen Kim – Schacht, Sen Chris, Alston and Sen Richard) It is incredible that all formally record how those six senators believed that Telstra had ‘acted as a law unto themselves’ throughout all of the COT arbitrations. The LNP government knew that not only should the litmus-test cases receive their requested documents but so should the other 16 Australian citizens. They had been in the same government-endorsed arbitration process.

Although Senator Alan Eggleston's advice to the Australian Finacial Review has been discussed on the Bribery and Corruption - Part it was also relevant to raise it here. I reiterate, when incorporating the above six Senators' speeches with Senator Alan Eggleston's statement to the media, we can show all seven statements were made in the public interest;.i.e.; on public record.

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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

“…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

“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.”

Hon David Hawker

“…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