Menu
My Bag

Your bag is currently empty.

Menu

Chapter 4 - illegal act

 

Please note: Chapter 4 - illegal act  is still being edited as of 13 November 2022:- thank you.

Kangaroo - Court

 The Collusion Continues 

Absent Justice Part 2 - Chapter 14 - Was it Legal or Illegal? on 16 October 1995: Five months after my arbitration was deemed complete (and hence outside the arena of the arbitration process) AUSTEL allowed Telstra’s original arbitration defence liaison officer to address some of my 1800 billing (see also  Open letter File No/46-A to 46-l) with the arbitrator or me being present. In simple terms, I was denied my legal right to challenge Telstra's submission. These were were the same billing Ericsson AXE faults that the John Rundell's second in command Sue Hodkinson later admitted on (2 August 1996) to the arbitrator and TIO that they had withheld from the arbitration process (see Open letter File No/45-H).

Firstly we have John Rundell in 2022 on his website praising what a great arbitration process the COT v Telecom/Telstra process was for him to have been a party to. And secondly, here Sue Hodgkinson was on 2 August 1996, admitting 15 months after the conclusion of my arbitration that the 1800 faullts were not investigated in my arbitration.

How many other arbitration processes has John Rundell conducted where the rules of the arbitration agreement was not adeared to. 

For this person to have gotten away with lying about my arbitration 008/1800 matters in his 15 November 1995 letter (see File 45-A Open letter File No/45-A to John Pinnock is alarming. To have written in his other letter to the other administartor to my arbitration Warwick Smith stating that: "Any technical report prepared in draft by Lanes will be signed off and appear on the letter of DMR Inc." (see Prologue Evidence File No 22-A) shows how corrupt the arbitration process really was.

The fact that Lane Telecommunications Pty Ltd were purchased by Ericsson (see Chapter 5 - US Department of Justice vs Ericsson of Sweden) during the period Lane and the arbitrator was investigating complaints by the COT Cases that it was the Ericsson faulty AXE telephone equipment installed in Telstra's exchanges that had caused their telephone problems and this SALE still went ahead is beyond contempt.

Australia must be the only country in the Western world that allows a witness (Lane Telecommunications Ptd Ltd) was a witness to what the COT claimants had uncovered against Ericsson to be purchased by the very same company which was officially under investigation by the arbitrator and the company which allowed itself to be bought.

It is clear from John Rundell's letter to Paul Howell of Canada on 7 April 1994 (see File 163 - AS-CAV Exhibit 128 to 180, that a draft of David Read's findings on my matters would be in draft for Mr Howell to view and sign off. When you combine the original 23 assessments in David Read's (Lane) 7 April 1995 draft report with the final 30 April 1995 23 assessments of the DMR & Lane report, they are one of the same. In simple terms, when David Read from Lane failed to make a finding in his draft concerning my complaints of ongoing Ericsson AXE Telephone exchange problems, he denied Paul Howell the opportunity to assess the actual value of my claim. 

Even worse, File 162 AS-CAV Exhibit 128 to 180 are the claim documents that were freighted to Canada. All of the listed Telstra/Telecom documents are Telstra's defence of my arbitration claim as listed as SM1, SM8 and SM9. That was all my claim material provided to Paul Howell of DMR Canada. However, it is evident from the formal final report index of documents submitted by Telstra'Telecom and me into arbitration (see File 47-C (see Open Letter File No/47-A to 47-D) that my submission consisted of 21 more claim documents than what was freighted to Canada, namely SM9.SM44, SM50, SM49, SM48, SM47, SM46, SM2, 1-200 to 2,158, SM53, Brief January 1995, SM16, SM17, SM20 & 21, SM45. In other words, Paul Howell was not provided anywhere near the volumes of documents I legally submitted into arbitration.

When Law Partners of Melbourne, my pending appeal lawyers, saw what appeared to have been a massive fraud against me, proof provided by the arbitrator's secretary Caroline Friend showed that 41 of my claim documents had not been placed on the arbitration schedule of received documents, they advised me to seek my arbitration file from Telstra, the arbitrator, and the administrator's office. I also reported to Law Partners of Melbourne that three computer Hackers had contacted the COT Cases spokesperson, staining they had seen evidence in Telstra's arbitration file that the COT Cases should access if we were to win our claims. 

Between 18 October 1995 and 4 October 1997, with the assistance of Mr John Wynack, director of investigations on behalf of the Commonwealth Ombudsman, I sought, under FOI, from Telstra a copy of their arbitration file on my matters. Home Page File No/82 confirms Mr Wynack did not believe Telstra’s claim that it destroyed the file. I also tried to access a copy of the same arbitration file held by the TIO office, which, as the administrator of my arbitration – under the law – had to retain a copy for at least six years: until 2002.

Mr Pinnock’s letter of 10 January 1997, in response to my request, states:

“I refer to your letter of 31 December 1996 in which you seek to access to [sic] various correspondence held by the TIO concerning the Fast Track Arbitration Procedure. …

Telstra took advantage of its network and Hacking - Julian Assange - Chapter 8 – Hacking / Unresolved Privacy Issues shows plans were underway to do this when the Child Abuse in parliament house first surfaced.  

Clicking on my Kangaroo Court weekly blog it will take you to the latest updates Kangaroo Court of Australia Why rent a lawyer when you can buy a judge 06/07/22.  A Fugitive Australian journalist Shane Dowling talks about being on the run and Australia dropping to #39 on the world press freedom index

We periodically publish articles on the Weekly Blog, such as Kangaroo Court of Australia, because that website exposes cover-ups and fraud, allowing the reader to see it is an ongoing problem in Australia. The COT Case's lives were ruined because the truth surrounding our Telstra claims was covered up by crooked lawyers, arbitrators and government bureaucrats to suit their agenda. Our telephone problems continued to destroy our arbitrations after the arbitrator only investigated old-historic phone faults and not those still affecting the viability of our businesses.

If you want to disclose any government corruption or absent justice issues you think should be recorded on this website, please let us know through our Contact.

Please read Unprecedented Deception - My Story Warts & All and Chapter 3 - Julian Assange  Hacking will convince you there is more to the COT story than just telephone problems. It will leave you in no doubt that something is rotten in Australia's arbitration system of justice.   

Absent Justice - Senator Ron Boswell

Senate Hansard - 20 September 1995

Senate Hansard records under the heading A MATTER OF PUBLIC INTEREST dated 20 September 1995, shows a very emotional Senator Ron Boswell discussing the injustices that we four COT claimants ( i.e. Ann Garms, Maureen Gillan, Graham Schorer and me) suffered prior during and after our 'so-called' government endorsed arbitrations - (see Senate Evidence File No 1 20-9-95 Senate Hansard A Matter of Public Interest):

“...Eleven years after their first complaints to Telstra, where are they now? They are acknowledged as the motivators of Telecom’s customer complaint reforms. … But, as individuals, they have been beaten both emotionally and financially through an 11-year battle with Telstra. 

“Then followed the Federal Police investigation into Telecom’s monitoring of COT case services. The Federal Police also found there was a prima facie case to institute proceedings against Telecom but the DPP [Director of Public Prosecutions], in a terse advice, recommended against proceeding.

“Once again, the only relief COT members received was to become the catalyst for Telecom to introduce a revised privacy and protection policy. Despite the strong evidence against Telecom, they still received no justice at all. 

“These COT members have been forced to go to the Commonwealth Ombudsman to force Telecom to comply with the law. Not only were they being denied all necessary documents to mount their case against Telecom, causing much delay, but they were denied access to documents that could have influenced them when negotiating the arbitration rules, and even in whether to enter arbitration at all. …

"This is an arbitration process not only far exceeding the four-month period, but one which has become so legalistic that it has forced members to borrow hundreds of thousands just to take part in it. It has become a process far beyond the one represented when they agreed to enter into it, and one which professionals involved in the arbitration agree can never deliver as intended and never give them justice." 

"I regard it as a grave matter that a government instrumentality like Telstra can give assurances to Senate leaders that it will fast track a process and then turn it into an expensive legalistic process making a farce of the promise given to COT members and the unducement to go into arbitration. “Telecom has treated the Parliament with contempt. No government monopoly should be allowed to trample over the rights of individual Australians, such as has happened here.” 

HELEN HANDBURY - Sister of Rupert Murdoch

Absent Justice - Helen Handbury 

Helen would have Rupert publish it.

In 1999, I provided the draft of this story which discussed the funaamentally flawed Bell Canada International Inc report to Rupert Murdoch’s sister, Helen Handbury. She was aghast at the blatant denial of natural justice that I had received. Helen twice visited my holiday camp and on both occasions stayed in the Old  Presbyterian 1870s church. She like most of my guest loved the rustic surrounds within after reading the draft of abseentjustice,con, stated that she would have Rupert publish it.

She believed Rupert would be shocked, especially upon seeing George Close’s information (see the following two pages titled Australian Federal Police Investigations, - Chapter 6 - US Securities Exchange - pink herring and Open Letter File No/12, and File No/13, which clearly shows a secondary facsimile machine was intercepting arbitration-related faxes before redirecting them to their intended destination. George Close’s office and residence was a primary target – he was the official technical consultant for the Casualties of Telstra arbitrations hell-bent on exposing the faulty BCI tests which could not have been performed as Telstra alleged.

I explained to Helen that the Bell Canada International Inc testing process would have failed because of the faults in the Ericsson AXE exchange in Portland and Cape Bridgewater, and the equipment BCI stated they were using [CCS7 equipment] could not be facilitated at Portland and Cape Bridgewater.

It was the combination of the BCI and CCS7 equipment that concerned Helen. How could Telstra not have known they were using fraud (not my words) to defend their network at Cape Bridgewater? 

Unfortunately, Helen died in 2004. Some years later, on 26 September 2012, I sent a draft of the original version of Absent Justice to her husband, Geoff Handbury, and told him about my conversation with Helen. I asked whether he could suggest the best way for me to get a copy of the book to Rupert Murdoch.

Mr Handbury replied on 17 October 2012 in a handwritten letter (with beautiful, old-fashioned penmanship that we no longer see). However, he was then 87 years old and although highly respected for his philanthropic support of many worthwhile projects in Victoria, too much time had passed and, sadly, he wasn’t able to help. Still, I have the memory of how the sister of the biggest newspaper owner in the world believed my “intriguing story” was certainly one that her brother should publish and I’m grateful for her comments.

Of course this offer and suggestion ny Helen was made years before Rupert Murdoch got caught up in the News of the World scandal and Telstra became a 35% sharholder in FOX News at the time FOX News became embroiled in the Donald Trump saga.

Of course this offer and suggestion ny Helen was made years before Rupert Murdoch got caught up in the News of the World scandal and Telstra became a 35% sharholder in FOX News at the time FOX News became embroiled in the Donald Trump saga.

It is important to note that before Robert Nason became Chairman of Fox News he was a partner of Coopers & Lybrand investigators. Robert Nason, and his secretary, Sue Hurley, met with me at his Cape Bridgewater Holiday Camp on 13 October 1993, I supplied them with evidence supporting my claims that Telstra had knowingly misled and deceived mr during my 11 December 1992 settlement. I explained that two technicians visited my businesses on 3 June 1993 to investigate my continuing complaints regarding his phone service and inadvertently left behind a briefcase. When Robert Nason and Sue Hurley saw this evidence they were shocked and likewise convinced that Telstra had clearly disadvantaged my previous settlement claim under the heading Coopers & Lybrand - Bad Bureaucrats - Criminal Intent

Before Mr Nason joined FOX News, he was seconded to Telstra. 

Ironically, Mr Nason and his secretary Sue Hurley both visited the Old Presbyterian 1870s church at my holiday camp, where Rupert Murdoch's sister Helen Handbury felt so much at home during her two visits to Cape Bridgewater in 1999. And two decades later, Robert Nason is now working for Helen's brother Rupert. Perhaps Robert Nason might follow the footsteps of Helen Handbury and suggest to Rupert Murdoch I might well have a story.  

Infringe upon the civil liberties

Absent Justice - Senator Kim Carr

Most Disturbing And Unacceptable 

On 27 January 1999, after having also read my first attempt at writing my manuscript absentjustice.com, the same manuscript I provided Helen Handbury, Senator Kim Carr wrote:

“I continue to maintain a strong interest in your case along with those of your fellow ‘Casualties of Telstra’. The appalling manner in which you have been treated by Telstra is in itself reason to pursue the issues, but also confirms my strongly held belief in the need for Telstra to remain firmly in public ownership and subject to public and parliamentary scrutiny and accountability.

“Your manuscript demonstrates quite clearly how Telstra has been prepared to infringe upon the civil liberties of Australian citizens in a manner that is most disturbing and unacceptable.” 

Next Page ⟶
Absent Justice Ebook

Read Alan’s book
‘Absent Justice’

In Alan Smith’s 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...

IT'S FREE!! 

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.

Quote Icon

“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

“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

“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

“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