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Chapter Eight – Hacking / Unresolved Privacy Issues

Absent Justice - 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:

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 under taken [sic] by Telstra against the COT Cases.” 

(See Hacking – Julian Assange File No/2)

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 This call was to my unpublished direct number.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)

Absent Justice - AFP

It is also important to note that just prior, in March 1994, Mr Schorer’s office was broken into. I was also assisting the Australian Federal Police (AFP) with their investigations into my claims of fax interceptions. Hacking-Julian Assange 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 was subjected to throughout my arbitration.

The 22 April 1994 fax issue also relates directly to a fax issue on 29 June 1998, four years after my arbitration, which was supposed to address these faxing problems. My solicitor, Mr William Hunt, sent me copies of two documents that I had faxed from my office, but which had arrived at Mr Hunt’s office as blank sheets of paper except for this strange numbering system, again inside a small square in the top right corner of the page. Mr Hunt also sent a copy of his fax journal for that day (see Hacking – Julian Assange File No /48  and File No/49) confirming their arrival in his office, just as AUSTEL had also done, just one day into my arbitration.

Absent Justice - My Story

Is there a connection between the loss of my faxed arbitration documents and the TIO’s 28 June 1995 letter stating that his office has no record of my 24 January 1995 letter to the arbitrator requesting him to seek various documents from Telstra under the discovery process? My 24 January 1995 letter requesting a copy of the Cape Bridgewater/Bell Canada information to be provided from Telstra through the arbitration process was received (see Home Evidence File No 5).Are the lost claim-related faxes issues part of the collusion that festered during our arbitrations when the TIO covertly agreed along with the defendants (Telstra) that the TIO-appointed arbitration resource unit would be given the power to decide what documents were released into the arbitration process? (AS-CAV Exhibits 589 to 647 - See AS-CAV 590)

Why did the TIO advise me that records in his office did not record receiving my 24 January 1995 letter? “Our file does not indicate that you took the matter any further,” (see Home Evidence File No 4). When my letter was returned to me, the fax footprint indicates it was received at the arbitrator’s fax machine. The TIO’s 28 June 1995 letter is possibly one of our most damning pieces of evidence, showing that “forces at work” were able to conceal essential arbitration material from being addressed during my arbitration process.

If the arbitrator had acted on my requests for the Cape Bridgewater/Bell Canada test information, which I was legally entitled to have, I could have proved (as I have in Telstra’s Falsified BCI Report ‘masked identities‘) Bell Canada International could not possibly generate the alleged 13,500 test calls through a Tekelec CCS7 system that they and Telstra stated was installed at the Cape Bridgewater RCM exchange. There was no equipment in place at the Bridgewater exchange to facilitate such tests. The nearest Telstra exchange that could facilitate a Tekelec CCS7 monitoring system in November 1993 was the Warrnambool exchange, which is 112 kilometres from Cape Bridgewater. The TIO and Commonwealth Ombudsman records will confirm I requested the BCI information on at least four occasions.

It is serious enough that an Australian corporation knowingly provided false answers to questions on notice during a Senate committee hearing, however, consider: if the TIO is telling the truth that the arbitrator did NOT receive my 24 January 1995 BCI letter, then who did? And why do the markings on this document show that it arrived at its intended destination? My own BCI report in Telstra’s Falsified BCI Report ‘masked identities‘ shows Telstra even went as far as knowingly providing false  Cape Bridgewater information to the Senate in October 1994. As a result, the Senate estimates committee did not investigate the fundamentally flawed BCI Cape Bridgewater report.

Absent Justice - Tricks of Injustice

In April 1995, more tricks of injustice were unearthed when a Telstra official arrived at the camp on 6 April 1995 and we collected a representative from the new technical unit from the airport. The three of us inspected the exchanges at Cape Bridgewater and Portland and held discussions with the local technician. As mentioned elsewhere, during this visit, I attempted to raise the incorrect billing issues. However, according to the technical unit people, the arbitrator had instructed them not to assess any new claim material. Naturally, I was most irate. This was a complete turn-around by the arbitrator, who had assured me if I discovered any new information among FOI documents that I received late, that information could be presented to the technical resource unit when they visited the camp. I had burned the midnight oil night after night to have my evidence prepared before the technical team arrived. This new information further supported my allegations. I managed to have the TIO consultant look at one document while the Telstra official was still present. This was a copy of part of my 1800 call account. I asked how I could be charged on 13 January 1995 for a 9.49-minute call at 11.50 am, and then for a 42-second call at 11.57 am? It is certainly not possible to have two calls overlapping on the same line at the same time.

This caught the attention of the technical TIO consultant and I was able to offer further examples of incorrect charging on this 1800 account, on 10 and 11 January. This account showed calls from my home number to the camp number. According to my diary notes, both those calls registered an engaged signal, but both were charged as having connected. And again, on 13 January, there were similar examples of more incorrect charging. Incorrect charging ran rampant through Telstra, as my account showed.

Neither the Telstra official nor the technical unit personnel was prepared to comment on this evidence at the time. During their visit, I was assured the matter would be taken up and addressed as part of the arbitration process. The Telstra and technical representatives left shortly after this – together. This was, of course, in direct breach of the rules of the arbitration. What transpired between these two parties? The answer to that question is probably only known to those two parties concerned. (And the arbitrator perhaps?)

I kept reminding Graham Schorer (COT spokesperson) what these hackers had stated: i.e., we were being got at by our own people (or words to that effect). Here we were months after these two telephone conversation with the hackers and it appeared they had been spot on from the very beginning. As our Prologue/Chapters, One to four shows, the arbitration resource unit was certainly not independent or impartial.

Both resource units were now preparing their reports. I had a sense of foreboding (which proved to be correct) that the very people who supposed to protect the COT members were betraying us. I felt crucified by the very person who should have been delivering justice, the arbitrator. He failed to investigate why my fax and my phones continued to create problems and now I was convinced that the arbitration process was purely a sham, initiated only to silence me through the provision of some sort of minimum award payment.

If the new technical unit had been aware of the deficient verification testing and the fact that Telstra was relying on false BCI test results to support the efficiency of their network into Cape Bridgewater, they would have demanded that the arbitrator ask Telstra the true extend of the faults in the network.

If the arbitrator had been aware, at this point, that Telstra was relying on deficient test results and an impracticable BCI test report to support their defence of my claims, he was legally bound to ask Telstra for an explanation.

Covert recordings of this document, which my advisors Garry Ellicott and Barry O’Sullivan raised in my arbitration claim, confirmed that the government communications regulator allowed Telstra to secretly address the billing issues outside of the legal arena of my arbitration (see Arbitrator File/No 29 & 30 and Main Evidence File No 23 Part-1 and23 Part 2). I could not legally challenge Telstra’s grossly inaccurate response to these billing issues, because Garry, Barry and I knew nothing about this clandestine operation.

On 16 October 1995, five months after my arbitration was declared finished, AUSTEL (the government regulator) took charge of this secret deal with Telstra. This covert investigation was illegal because my arbitration was supposed to have been administered according to the ambit of the Arbitration (Commercial) Act 1984, which means that no officially registered claim or defence material can be investigated unless the appointed arbitrator has notified both sides, to allow the normal right of reply. Addressing legally submitted defence and/or claim material in secret, without disclosure and allowing the right of reply, is forbidden in most Western democracies except, obviously, in Australia, when the defendant is the Telstra Corporation.

Although the following 22nd April 1994 fax issue has been addressed above, it is directly related to AUSTEL only having received three blank pages, even though they appear on AUSTEL’s fax report as having taken between 1.20 seconds to 2.40 seconds to transmit. (Hacking-Julian Assange File No/19)

None of those three blank pages had my fax identification displayed at the top of the received documents or the time and date that they had been sent. However, they all had a single, small square in the top right corner of the page, each with a number inside it.

This 2nd April 1994 fax issue is also directly related to the fax issue on 29th June 1998, four years after my arbitration, which was supposed to have addressed these faxing problems. My solicitor Mr William Hunt, sent me copies of two documents that I had faxed from my office, but which had arrived at Mr Hunt’s office as blank sheets of paper except for this strange numbering system, again inside a small square in the top right corner of the page. Mr Hunt also sent a copy of his fax journal for the 29th June 1998, the day he received these blank sheets of paper, thereby confirming their arrival in his office, just as AUSTEL had also done, just one day into my Arbitration on 22 April 1994, four years previous.

Even if blank sheets of paper are mistakenly faxed 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 such 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 constant threats and harassment from senior Telstra’s executives, which I was subjected to throughout my arbitration.

Absent Justice - My Story

Are the lost faxes (claim-related document) issues part of the collusion that festered itself in our arbitrations when the TIO covertly agreed along with the defendants (Telstra) that the TIO-appointed arbitration resource unit would be given the power to decide what documents were released into the arbitration process. (AS-CAV Exhibits 589 to 647 - See AS-CAV 590). In simple words, is the not received relevant 24th January 1995  letter to Dr Hughes (which could have changed the whole outcome of my arbitration had he seen it), hidden in the same place where many of the COT Cases relevant faxed documents ended up?  Are these intercepted faxes stored in a room, forgotten and waiting to be destroyed, if they have not already been destroyed.

Julian Assange and his young friends had to be mentioned in our COT story because what was revealed to us in 1994, was still happening to the COT’s in 1999, as we continued to battle the elements. 

Is there a connection between the continued loss of my faxed arbitration documents and the TIO saying in his 28th June 1995 letter, (see below) that his office has no record of my 24th January 1995 letter to the arbitrator that requests him to seek various documents from Telstra under the discovery process?

The following 28th June 1995 letter is possibly one of the most  damning pieces  of evidence we have which shows that forces at work  had been able to conceal essential and very relevant  arbitration  material  from  being addressed during  my  arbitration process.

It is clear from (Home Evidence File No 5), my letter was received. My official arbitration request to the arbitrator on the 23rd January 1995, is directly related to both the impracticable Cape Bridgewater Bell Canada International Inc. Tests (see Telstra’s Falsified BCI Report‘). The next request I made to the arbitrator, the following day, on 24th January 1995, (Home Evidence File No 5), is when I asked for a copy of the Cape Bridgewater/Bell Canada information to be provided from Telstra through the arbitration process.

This letter dated 28th June 1995, to me from the TIO  noted that “Our file does not indicate that you took the matter any further,…”, (Home Evidence File No 4), even though, when my letter of 24th January 1995 was returned to me three months after my arbitration was concluded, the fax footprint on page 2 is (24-01-1995 15:12   FROM CAPE BRIDGE HDAY CAMP TO 036148730) indicates that it was received at the arbitrator’s fax machine (number 036148730). So why did the TIO advise me that records in his office, show that I didn’t send this 24th January 1995 letter?

If the arbitrator had followed up on my requests for the Cape Bridgewater/Bell Canada test information from Telstra, and Telstra had supplied the information I was legally entitled to have through the arbitration process, then I could have proved, as I have done now in our Telstra’s Falsified BCI Report ‘masked identities‘, Bell Canada International could not possibly have generated the alleged 13,500 tests calls through a Tekelec CCS7 Monitoring (testing) System that Bell Canada and Telstra alleged was installed at the Cape Bridgewater RCM exchange, specifically to filter those incoming tests calls, because there was no equipment in place at the Bridgewater Exchange to facilitate such tests. If Telstra’s technicians currently at Portland were asked; they would confirm that the nearest Telstra exchange that could facilitate a Tekelec CCS7 Monitoring System back in November 1993, was the Warrnambool exchange (a rural town in Victoria) which is 112 kilometres from Cape Bridgewater.

While it is serious enough for any Australian Corporation to knowingly provide false answers to questions on notice during such a Senate Committee hearing, (which they did), what has been revealed here is, if the TIO is telling the truth that the arbitrator did NOT get my 24 January, 1995 BCI letter, then who did? And why do the markings on this document show that it arrived at its intended destination? For those interested in reading my own BCI report in our Telstra’s Falsified BCI Report ‘masked identities‘, they will conclude that Telstra even went as far as providing known false Cape Bridgewater information to the Senate in October 1994 – resulting in the Senate Estimates Committee not investigating my valid statements that the BCI Cape Bridgewater report is fundamentally flawed.

In April 1995, more tricks of the justice trade were unearthed.  On the 6th April 1995, a Telstra official arrived at the camp and we collected a representative from the new technical unit from the airport.  The three of us inspected the exchanges at Cape Bridgewater and Portland and had discussions with the local technician (the one with the stock farm agent friend who apparently had never had problems with his phone – until my advisors Garry Ellicott and Barry O’Sullivan (now Senator Barry O’Sullivan) uncovered the agent’s complaint records).

While the new technical team were in Cape Bridgewater, I again attempted to raise the incorrect billing issues.  According to the technical unit people, the arbitrator had instructed them not to assess any new claim material.  Naturally, I was most irate.  This was a complete turn-around by the arbitrator, who had assured me if I discovered any new information among FOI documents which I received late, that information could be presented to the technical resource unit when they came to the camp.  I had burned the midnight oil night after night to have my evidence prepared before the technical team arrived. It was clear that all this new information would have further supported my allegations.  I was so angry, in fact, that I managed to have him at least look at one document while the Telstra official was still present.  This was a copy of part of my 1800 call account.  How, I asked, could I be charged for a 9.49 minute call on 13th January 1995 at 11.50 am, and then for a 42 second call at 11.57 am?  It is certainly not possible to have two calls overlapping on the same line at the same time.

This caught the attention of the technical TIO consultant and I was able to offer further examples of incorrect charging on this 1800 account, both on 10th and 11thJanuary.  This account showed calls from my home number to the camp number.  According to my diary notes, both those calls registered an engaged signal, but both were charged as having connected.  And again, on 13th January, there were similar examples of more incorrect charging.  Clearly, incorrect charging had been running rampant through Telstra, just as my account showed.

False Witness Statements 

Absent Justice - False Witness Statements

This was not the only misconduct that occurred during this one-sided, secret AUSTEL operation (see Summary of events). Next, Telstra was allowed to re-use the earlier witness statement from 12 December 1994, which had been signed and registered by a local Portland technician who claimed his stock-farm agent friend had apparently never had problems with his phone – until my advisors uncovered that agent’s complaint records.

This questionable witness statement was re-used even though, six months earlier, my advisors proved to the arbitrator that it was grossly inaccurate and misleading. An AUSTEL representative travelled from Melbourne to visit my business on 19 December 1995. When he realised Telstra’s secret response was fundamentally flawed and found so much of my detailed evidence was not addressed at all by the arbitration process, he requested to take seven bound volumes of my evidence back to Melbourne.

AUSTEL records show that AUSTEL found my claims to be correct and substantiated. Their findings (see Arbitrator File No/109), dated February 1996, were based on the evidence in the seven bound volumes collected from my business and included 23 individual instances where my proof could not be questioned in any way as I had used Telstra’s own data to back up my statements. Did AUSTEL initiate a special one-off hearing with the arbitrator so that these claims could be fully investigated? There was NO special hearing. If this hearing had happened, there would be NO need for absentjustice.com.

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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.

Using the acquired evidence the way we have is possibly a world first.

ABSENT JUSTICE HAS IT ALL.

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“…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

“…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

“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

“All that is required for evil to triumph is for good men to do nothing”

– Edmund Burke