Menu
My Bag

Your bag is currently empty.

Chapter Two – I am not alone

Absent Justice - Telstra Spying on its Employees

On 3 June 1990, The Australian printed an article under the heading: Telecom ‘spying’ on its employees, which supports pages 1 to 6 of the AFP transcripts (see Australian Federal Police Investigation File No/1). The newspaper article states:

“Democrat Senator Jean Jenkins told the Senate last week Telecom’s activities included bugging workers’ homes.” …

“She said the accusations were contained in a statement by a former member of Telecom’s Protective Services branch.

“Senator Jenkins said the man claimed:

He and other Telecom employees and private investigators hired by Telecom did secret surveillance on hundreds of compensation recipients. …

He had been directed by his superior to use whatever methods to get the desired results, even when it was obvious the claimant was genuinely injured.
Claimants have had a ‘C.CASS run’ on their homes, which is a procedure where a computer can print out all numbers dialled on a home phone.” (See Hacking-Julian Assange File No/19)

The AFP were concerned that Telstra had written the names of various people and businesses I had called, on CCAS data records, which collated all incoming and outgoing calls to my business (see Hacking-Julian Assange File No 20). The hand-written notes in the right-hand column of this CCAS data include against dates, the names of people that I telephoned and/or faxed e.g., 31 January 1994, GM (Golden Messenger), AUSTEL and the Ombudsman. In one instance, the name Faye Smith appears when I phoned my ex-wife. This reflects Senator Jenkins statements above regarding Telstra’s secret surveillance of their own employees in 1990, because here is Telstra using similar tactics in January 1994 while they were in a litigation process with me.

My AFP interview transcript on 26 September 1994 describes Telstra recording who I phoned or faxed, and when. The AFP believed Telstra monitored my calls because the people they recorded were associated with the COT issues. Pages 3-5 of the AFP transcript, together with other documents I provided to the AFP between February and November 1994, prove that Telstra had listened in on private conversations prior to and during my government-endorsed arbitration

This document does not state Adelaide or a specific location, only Melbourne. I used to visit both Melbourne and South Australia on a regular basis from 1991 to 1993. Did Telstra even know where I stayed and who with? Let us not forget, I was not under suspicion of committing any crime let alone a serious one, nor was I suspected of being a terrorist. So why were the communications carrier and/or their government minders interested in my contacts and movements? When I showed File No 22 to Margaret (my office assistant) she advised me that she had not spoken to anyone about leaving the holiday camp (which was at 5.30pm just as described in this Telstra memo).A 12 August 1993 letter (see Hacking-Julian Assange File No 20) from Ms Rita Espinoza from a singles club to me, describes the constant engaged signal she experienced when trying to book a weekend during April and May 1993. A Telstra FOI document (see File No 22) dated 17 June 1993, refers to the same Rita Espinoza and her friend Elise Stenoya. Not only does this document record the personal phone numbers of these two ladies, but it also confirms Telstra was fully aware of when my office assistant left the business while I was away.

Absent Justice - Intruder

Local Portland police files will have on record the date their Sergeant visited the holiday camp after I confronted an intruder. This was about the same time I was pushing the advertising for the singles club weekends, which was a great way for single people to meet and socialise. I noticed a small light in the distance in the early hours of one morning, just after 1am. At first, I thought perhaps the glove box in my ute had somehow dropped open and it was that light, which I could see. As I got closer to the light, I discovered a four-wheel-drive vehicle parked and a person standing under the overhanging branches of a couple of large cypress trees on my property. I picked up an axe from a nearby woodpile as I passed. The person got into the car before I reached the trees. I walked up to the car and yanked the car door open. With my axe in the other hand, I demanded that this person identify himself and his purpose. I was particularly intrigued as there were no guests staying at the camp that night. The man, startled and confused by an angry man waving an axe at him, stammered that he was a fishing inspector waiting to catch abalone poachers. This answer seemed quite plausible to me, so I let him drive away. However, I lodged a report with the Portland police later that morning, just in case there was more to this than seemed at first.

A few days after the police sergeant visited the camp to discuss the intruder issue, the same sergeant phoned me to arrange a second visit. He did not want to discuss his investigation into the fishing inspector story on the phone. The sergeant arrived within the hour and explained that he had checked with both the Victorian and South Australian wildlife authorities who were in charge of investigations into fishing and abalone-poaching matters. Neither of them had authorised an investigator to be on my land and if they had, they would have notified me first. Why had this man been standing under the cypress tree? If he wasn’t a fishing inspector waiting to catch abalone poachers, then what was he waiting to catch?

This information recalled memories of my time in the People’s Republic of China, my confrontation with the Red Guards and to the Sydney newspaper reporter in September 1967 warning me that I would be a “marked man” for insisting that Australia should not be selling wheat to the People’s Republic of China while Mao Zedong supported North Vietnam. Australian troops were fighting and dying in the war against the North Vietnamese and the Viet Cong. Nothing made sense to me.

I couldn’t clear my mind of that episode or the feeling that there had to be a link between those two events: the secret eavesdropping on my personal affairs carried out by this government-owned telecommunications carrier and this still-unidentified man on my property. I arrived back in Australia from the People’s Republic of China (lucky to have escaped with my life) on 18 September 1967. At that time, I was interviewed by the Australian Commonwealth Police (now the AFP) and I gave them a copy of a letter I had written to the Hon Malcolm Fraser, who was then the Minister for the Army. I asked the police to be sure he received it. However, I have never had a response to that letter.

Absent Justice - Hon Malcolm Fraser

On 15 April 1994, 27 years later, the Herald Sun, an Australian newspaper reported:

“FORMER prime minister Malcolm Fraser yesterday demanded Telecom explain why his name appears in a restricted internal memo.

“Mr Fraser’s request follows the release of a damning government report this week which criticised Telecom for recording conversations without customer permission.

“Mr Fraser said Mr Alan Smith, of the Cape Bridgewater Holiday Camp near Portland, phoned him early last year seeking advice on a long-running dispute with Telecom which Mr Fraser could not help.” (See Senate Evidence File No/53)

Who within the Telstra Corporation thought it was important to note that I had telephoned Malcolm Fraser? Is my conversation with the former prime minister on one of the nine audio tapes AUSTEL provided to the Australian Federal Police, but refused to supply copies to the COT cases? I was, at no time, suspected of committing a crime or being a possible risk to Australia’s national security.

As mentioned above, I even went as far as reporting in writing to both the Hon Malcolm Fraser and the then Commonwealth Police what was really happening to Australia’s wheat once it left Australia’s shores (see The People’s Republic of China segment on google). I have always acted in a responsible way even when the other side in my case Telstra’s (the defendants in government-endorsed arbitration), acted outside of the law as our Hacking -Julian Assange and Australian Federal Police Investigations two pages show.  So why was I and the other COT Cases subjected to this hacking into our telephone conversations and our faxes as they travelled through Telstra’s network?

The People’s Republic of China

Absent Justice - The Peoples Republic of China

From early 1960 to late 1987, save for a few years as a manager/chef in various hotels and motels ashore, I spent 22 years as a seafarer. I learned much about the history of the English admiralty. As far back as the 1700s, seamen were the spies of the world: if had it not been for British merchant seamen advising the British admiralty as to what the cargo ships were carrying, when they were leaving various French and Spanish ports, and their destinations, the history books as we know them today, would tell a different story. In both the first and second world wars of this past century, much valuable information was gathered from water-front spies worldwide, as well as from seafarers.

On 28 June 1967, I signed onto the MS Hopepeak, manned by British Merchant Navy crew as well as West Indian deck and engine crew, after being informed the ship was bound for Canada. It was only the following day after I had signed articles that I was told we were bound for Shanghai. There was just NO way I could leave the ship, having already jumped a previous English ship the Port Lyttelton in April 1963 in Melbourne.

The crew were horrified that Australia was trading and selling wheat to the People’s Republic of China. At the time, Mao Zedong’s communist government supported the North Vietnamese communist party. Australian and American troops were dying in the conflict with the North Vietnamese Viet Cong. Nothing made sense to the crew, or me.

What the Hopepeak crew understood about cargoes being delivered around Asia in 1967 and their assessment of the import of such, as it turned out, was a better, more analytical understanding of the situation, compared to the public servants advising the then-Australian Liberal Government that it was ok to trade with Mao Tse-tung on humanitarian grounds.

Seamen visiting communist-ruled China were not permitted out of the harbour compound, because of the unrest in that part of the world, so we became quite a tight-knit group: playing table tennis, cards and talking. It was from this contact with other seafarers that I learned ships only a few berths away had been unloading grain in Vietnam.

Did the public servants in Australia take all steps to ensure Australian-made products were not travelling to hostile countries, as communist China was in 1960/and 70s? Did any of Australia’s government bureaucrats inform our government that Mao was supplying Albania, North Korea and North Vietnam with free grain, prior to the loading of the MS Hope Peak? Were these public servants aware, like some later public servants, from 2005 to 2007, who received middlemen kickbacks worth millions during the Saddam Hussein Australian Wheat Board (AWB) grain scandal? Although AWB, and by extension the Australian Government, was not the only entity to be implicated in the oil-for-food scandal, this unthinkable act earned notoriety in Australian political consciousness.

How much Australian food sent to communist China, actually ended up in the stomachs of the North Vietnamese, who then, on that full stomach, set out to maim and kill Australian, New Zealand and US troops?

Did the public servants in Australia take all steps to ensure Australian made products were not making their way to hostile countries, as Communist China was in the 1990s? Did any of Australia’s government bureaucrats inform our government that Mao was suppling Albania, North Korea and North Vietnam with free grain, prior to the loading of the MS Hopepeak? Were these public servants aware, like some later public servants from 2005 to 2007 who received middlemen kickbacks worth millions during the Saddam Hussein Australian Wheat Board (AWB) grain scandal, I think not? Although AWB, and by extension the Australian Government, was not the only entity to be implicated in the oil-for-food scandal, this unthinkable act earned notoriety in Australian political consciousness.

Absent Justice - Australia

How much of Australia’s wheat sent to Communist China, actually ended up in the stomachs of the North Vietnamese, who then, on that full stomach went out to kill and maim Australian, New Zealand and US troops?  

Who were the faceless public servants in the 1960s telling the Australian Government it was ok to trade with Mao and his band of Red Guards? Those same Red Guards readily beat their fellow so-called ‘comrades’ – the very peasants unloading the wheat – with grappling hooks.

Bad bureaucrats around the world, those who are not necessarily patriotic have committed crimes against their own fellow citizens. 

It became obvious many problems experienced by the COT cases originated from either negligence or deliberate malfeasant on the part of a number of government agencies, and the bureaucrats who worked within those agencies as our story shows. Therefore, we have used page 3 of the Australian Herald Sun newspaper dated 22 December 2008, written under the heading Bad bureaucrats as proof that government public servants need to be held accountable for their wrongdoings.

“Hundreds of federal public servants were sacked, demoted or fined in the past year for serious misconduct. Investigations into more than 1000 bureaucrats uncovered bad behaviour such as theft, identity fraud, prying into file, leaking secrets. About 50 were found to have made improper use of inside information or their power and authority for the benefit of themselves, family and friends“

It is also most important to link how, on 2 February 1995, AUSTEL (the Government Communications Regulator) public servants decided to withhold their true findings from the then-Minister for Communications, Michael Lee MP, regarding the deficient arbitration Service Verification Tests (SVT) conducted at my Cape Bridgewater business on 29 September 1994. My own story on the website absentjustice.com includes examples of the way some bad bureaucrats clearly favoured Telstra during the COT arbitrations, to the detriment of the claimants. Altering the facts of their findings is appalling enough but, according to the Telecommunications Act 1991, AUSTEL was duty-bound, under Section 342 of the Act, to provide the Communications Minister (the Hon Michael Lee MP) with all of their findings regarding the deficiencies in their Cape Bridgewater Holiday Camp SVT process.

We will never know what action the Hon Michael Lee MP might have taken in 1994, had the government bureaucrats advised the Minister that the SVT testing at my Cape Bridgewater business had not occurred according to mandatory government communications regulatory specifications. On 12 December 1994, as part of Telstra’s arbitration defence, it was stated under oath to the arbitrator in my case, that all three of the service lines tested at my holiday camp on 29 September 1994, had exceeded all of AUSTEL’s specifications. However, the person who made this statement could not get the SVT monitoring device to work in conjunction with its sister Ericsson testing device installed at the Cape Bridgewater unmanned road-side exchange.

It is clear from Main Evidence File No/2 and Main Evidence File No 3 that these tests had not been performed, however, Telstra stated under oath that they had been. Further exhibits on absentjustice.com and Telstra correspondence to AUSTEL during November 1994, show that Telstra dictated to AUSTEL which information they could or could not provide to the Australian public concerning the SVT testing process of the six cases tested to that date, which included my business.

In simple terms, in 1994 Telstra called the shots on how the government, as the regulator during the COT arbitrations, could or could not proceed. Sadly, the Herald Sun statement concerning corrupt conduct of government bureaucrats suggests this conduct was still present in their ranks for more than a decade after the COT arbitrations.

Next Page ⟶
Absent Justice Ebook

Read Alan’s new book
‘Absent Justice’

In Alan Smith’s new book he shows us the twisting path of government arbitration,
the ways it can go wrong and how to make sure it doesn’t go wrong for you...

Buy Now

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.

Quote Icon

“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

“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

“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