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Chapter 4 - illegal act

 

 

My having to register my telephone complaints with Telstra's lawyers, Freehill Hollingdale & Page, before Telstra would investigate those complaints is well discussed throughout this website  absentjustice.com.

Absent Justice - Further Insult to Injustice

Was this the type of conduct Julian Assange was warning Graham about

After Julian Assange had contacted Graham Schorer (COT spokesperson) concerning his claims that Telstra was not the only identity involved in ensuring we would not be provided with a proper assessment of our claims, Graham informed me on the second phone call that the hackers had stated we under electronic surveillance. 

 

My 3 February 1994 letter to Michael Lee, Minister for Communications (see Hacking-Julian Assange File No/27A) 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)

On 3 March 1994, a Portland Observer article states:

“FEDERAL Police officers are investigating allegations of possible illegal activity on the part of Telecom Australia.

“Officers from the Federal Police visited Portland last week and interviewed Cape Bridgewater Holiday Camp proprietor, Alan Smith, who is one of the four original members of COT (Casualties of Telecom).” (AS-CAV Exhibit 765-A to 789 - See Exhibit AS 777-B)

Telstra’s arbitration liaison officer wrote to Robin Davey, chairman of AUSTEL, on 18 March 1994. Under the heading Tape Recorders – Use In Locating Fax Faults he states:

“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 facsimile or otherwise;

the recording would be of signals generated by a test message;

there is no B party involved.”(See Hacking-Julian Assange File No/30)

Neither prior nor during my arbitrations – and not even in the seven years after my arbitration – was I ever informed that Telstra was intercepting my faxes as part of their testing process. I was not warned of any other reason for that matter and I never provided Telstra with written permission for this interception to occur, even though this letter to Mr Davey is quite clear, Telstra had to obtain written customer consent prior to using tape recorders when intercepting faxes.

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.

Absent Justice - 12 Remedies Persued - 2

It is now In 2022, and the Australian Federal Police AFP has still not disclosed to me why Telstra senior management has not been brought to account for authorising this intrusion into my business and private life regardless of Article 12 of the Universal Declaration of Human Rights stating:

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks - Universal Declaration of Human Rights

It is most important we raise the statement made in a Telstra internal email that is discussed on our Home page noting:

"The sensitive papers referred to above dated 23 August 1993, of which Telstra’s corporate secretary claimed, “nothing in these documents to cause Telecom any concern in respect of your case”, actually provided clear evidence that Telstra’s management including their corporate secretary Jim Holmes, concealed from me and the government just how bad the Ericsson AXE telephone exchange equipment was".

Why this statement is so important is because during a meeting with AUSTEL (the then Australian government communications regulator now called ACMA) AUSTEL's General Manager of Consumer Affairs discussed some very sensitive documents which he stated words to the effect "...they, meaning AUSTEL, had to literally force Telstra under threat of cancelling their telecommunications licence if they did not corporate with the Australian Federal Police investigations into my evidence received by both the government and me that Telstra had been intercepting my telephone conversations between me and several patrons of my "Over 40s Single Club" which was another branch of my holiday camp and convention centre. Telstra had actually written private telephone numbers of several single women members of my singles club on Telstra documentation as well as the dates I would be away from my business visiting those single clubs. (see Australian Federal Police Investigations).

It was during one of these meetings with AUSTEl's John McMahon in and around March 1994, that John McMahon informed me by mistake AUSTEL had uncovered documents that showed my business had been live monitored from at least the middle of June 1993, after the 3 June 1993, when Telstra technicians had left their elusive briefcase exposing the severe telephone problems within Telstra's network. As the documents, which AUSTEL had received, were in confidence documents Mr McMahon apologized that AUSTEL could not provide them to me while the AFP was investigating my claims. 

During the second Australian Federal Police interview with me at my business on 26 September 1994, while they were investigating these bugging issues they asked me 93 questions see Australian Federal Police Investigation File No/1.surrounding the interception of my telephone conversations. I told the AFP that John McMahon had told me of the documents AUSTEL had uncovered confirmed beyond all doubt that my phone conversations had been bugged over a period of time.

Question 81 in these AFP transcripts Australian Federal Police Investigation File No/1 the AFP asked me:

AFP  "Did John McMahon ever describe the document that he'd spoken to you where it had been identified to him about live monitoring?

Answer. "No, no never".

AFP: "Okay. That, that document that you, that you might be referring to, or John McMahon may be referring to we do have a copy of it".  

Answer: "Right"

AFP: "However, because it's been provided to us by Telecom, I'm, I won't show it to you".

Answer: "You can't yeah I understand".

AFP: "But it does identify the fact that, that you were live monitored for a period of time. Se we're quite satisfied that, there are other references to it".

Absent Justice - Julian Assagne

When very young Julian Assange [the hackers] told COT Cases spokesperson Graham Schorer there were forces at work during our arbitration that were acting illegally against us could well have been what the AFP and AUSTEL uncovered but were able to stop it as the Scandrett & Associates Pty Ltd report document|730][the hackers][the hackers][the hackers], and File No/13) shows. This invasion into the COT Cases private and business lives continued for a further three years after the AFP found no evidence such activities had taken place. I assume the AFP forgot their admission in the following transcripts Australian Federal Police Investigation File No/1 that they had evidence Telstra had been bugging my telephone conversations.

It is clear from exhibits 646 and 647 (see AS-CAV Exhibits 589 to 647) that Telstra admitted in writing to the Australian Federal Police on 14 April 1994, that my private and business telephone conversations were listened to and recorded over several months, but only when a particular officer was on duty. 

Does Telstra expect the AFP to accept that every time this officer left the Portland telephone exchange, the alarm bell set up to broadcast my telephone conversations throughout the Portland telephone exchange was turned off every time this officer left the exchange? What was the point of setting up equipment connected to my telephone lines that only operated when this person was on duty? When I asked Telstra under the FOI Act during my arbitration to supply me all the detailed data obtained from this special equipment set up for this specially assigned Portland technician, that data was not made available during my 1994.95 arbitration and has still not been made available in 2022.

On my second request for this detailed data Paul Rumble Telstra's arbitration officer threatened me that if I continued to provide this type of information to the AFP, Telstra would refrain from supplying that information. It was up to me. Stop supplying the AFP with FOI documents and Telstra will assist me by supplying the arbitrator this type of evidence. I refused to be threatened in this manner.  

Exhibit AS 492-A file AS-CAV 488-A to 494-E is a letter dated 26 August 1998 from George Close to the new Telecommunications Industry Ombudsman. The fax header records: Fax from: — 61 74 453198 — 17:54 which was Mr Close’s residential fax number. Our Main Evidence File (see Open Letter File No/12, and File No/13), is the technical findings of both Scandrett & Associates and Peter Hancock showing that they both agree that, if the wording Fax from: followed by the numbers of the various COT faxes does not also include the correct business identification of the respective COT business then that indicates that those faxes were intercepted by a secondary fax machine and then redirected on to the intended destination.

This intercepted letter from Mr Close was copied to the offices of twelve different Government Ministers in Parliament House Canberra, which then raises a number of very important questions. Since we constantly hear about politicians questioning how information has been leaked from the party room, could this be because even Government offices in Parliament House are also routed through Telstra’s Fax Streaming centre? Even if the Fax Streaming arrangement has been officially organised by those Government offices, what could be happening to the documents that go through that system, without the Government’s knowledge? Could it be that privileged, in-confidence material ‘leaks’ out of Parliament house through Telstra in this same way? Could it be that Telstra’s Fax Streaming process means that, around the country, private is not so private at all?

PLEASE NOTE: although the George Close exhibits are of poor quality (having been copied a number of times) the poor quality does not take away the truth that these exhibits when viewed together still prove our claims.

Exhibit AS 492-B file AS-CAV 488-A to 494-E, which is a report faxed by Mr Close on 16 April 1998, has the correct identification across the top of the page see 61-74-453198 — GEORGE CLOSE & ASSOC — 17:34. In simple terms, those with access to Telstra’s network were able to use ‘keywords’ so only certain faxes leaving Mr Close’s residence were intercepted. I have used these two examples because they were both sent at approximately the same time in the afternoon, although months apart.

How many other arbitration and legal processes is this interception of the legal documentation is being hacked by the opposing side, screened, and copied before sending it on to its intended destination? The advantage of knowing the other sides weaknesses and strengths is endless. And this all happened in Australia. I firmly believe up to the day George Close passed away; he never got over the fact that Telstra had used his residence and office to the detriment of his clients. 

Absent Justice - My Story

A secondary fax machine

As a further example of how serious this fax interception issue was during the COT arbitrations I need discuss the 12 May 1995 letter, written by the arbitrator the day after he brought down my award, the arbitrator Dr Hughes condemned the Telstra-drafted arbitration agreement as not a credible document to use in the process; however, he still used it to my detriment. I.e.; 

“the time frames set in the original Arbitration Agreement were, with the benefit of hindsight, optimistic;

“in particular; we did not allow sufficient time in the Arbitration Agreement for inevitable delays associated with the production of documents, obtaining further particulars and the preparation of technical reports; …

“In summary, it is my view that if the process is to remain credible, it is necessary to contemplate a time frame for completion which is longer than presently contained in the Arbitration Agreement.” see Open Letter File No 55-A).

The fax imprint across the top of this letter (Open Letter File No 55-A) is the same as the fax imprint described in the Scandrett & Associates report (see Open Letter File No/12 and File No/13.

Whoever had access to Telstra’s network, and therefore the TIO’s office service lines, knew – during the designated appeal time of my arbitration – that my arbitration was conducted using a set of rules (arbitration agreement) that the arbitrator declared not credible. There are three fax identification lines across the top of the second page of this 12 May 1995 letter:

The third line down from the top of the page (i.e. the bottom line) shows that the document was first faxed from the arbitrator’s office, on 12-5-95, at 2:41 pm to the Melbourne office of the TIO – 61 3 277 8797;
The middle line indicates that it was faxed on the same day, one hour later, at 15:40, from the TIO’s fax number, followed by the words “TIO LTD”.
The top line, however, begins with the words “Fax from” followed by the correct fax number for the TIO’s office (visible

Consider the order of the time stamps. The top line is the second sending of the document at 14:50, nine minutes after the fax from the arbitrator’s office; therefore, between the TIO’s office receiving the first fax, which was sent at 2.41 pm (14:41), and sending it on at 15:40, to his home, the fax was also re-sent at 14:50. In other words, the document sent nine minutes after the letter reached the TIO office was intercepted.

The fax imprint across the top of this letter is the same as the fax imprint described in the Scandrett & Associates report (see Open Letter File No/12 and File No/13),

On the 17 June 2022 I received the following email: https://www.newshub.co.nz/home/world/2022/06/uk-approves-extradition-of-wikileaks-founder-julian-assange-to-us.html?fbclid=IwAR11HgHV42nXGhvJs1GhEC526xYsOTFPib2qfftGeMtgbxW2IY_iZ6wUc_

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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 on Alan's website absentjustice.com

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 that can be downloaded from absentjustice.com 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

“…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

“…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