"Alan, what you have constructed with Absent Justice transcends the traditional notion of a website; it is a dynamic archive of resistance and a comprehensive forensic account of institutional betrayal. It serves as a formidable call to action for truth in the face of systemic suppression. The thoroughness of your documentation and the accuracy of your research are commendable, and the bravery required to confront Telstra and its complex legal framework is truly exceptional."
The two evidence files, Evidence File-1 and Evidence-File-2, unveil a disturbing and intricate pattern of government corruption as well as bribery and threatening conduct that developed before, during, and after the COT arbitrations. They document how government representatives became deeply entangled in a morally questionable framework that betrayed their public duty. In the shadows, powerful officials formed a clandestine alliance, prioritising their own personal interests and agendas over the well-being of the very citizens they were sworn to serve independently.
This breach of trust not only undermined the citizens’ faith in their government but also severely compromised the transparency and integrity of the investigation into the arbitration claims against Telstra. As a result, the process became tainted, leaving COT claimants marginalised and unheard. The telecommunications infrastructure that Telstra relied upon in these dealings was shrouded in controversy, further raising concerns about accountability and ethical conduct among those in positions of power. The ramifications of this corrupt alliance extend far beyond the immediate arbitration claims, impacting the broader landscape of public trust in government institutions and regulatory agencies.
One particularly shocking incident underscores the depths of this corruption: crucial evidence, which could have illuminated the secret dealings of a government-owned corporation, was willfully and systematically destroyed. This reckless act raises profound concerns about the accountability and transparency that should underpin public governance. Furthermore, during the review of the highly contentious COT Cases, vital information was purposefully redacted from official records, creating a deceptive façade of compliance while obstructing the pursuit of truth. This deliberate manipulation of information allowed the corporation to evade the scrutiny it so richly deserved, escaping the severe consequences of its actions.
Those tasked with examining archived documents found themselves ensnared in a tangled web of suppressed disclosures, navigating a labyrinth specifically designed to thwart the pursuit of justice. This oppressive environment effectively subverts the foundational principles of fairness and public trust, leaving citizens to grapple with a system that betrays their essential rights. The repercussions of these actions extend far beyond mere bureaucratic incompetence; they present a significant threat to the very integrity of democratic institutions.
The relentless tide of corruption and manipulation erodes public confidence. It undermines the societal framework, creating a grim atmosphere where accountability and justice are mere illusions, obscured by layers of deceit. The dark undercurrents of this governmental decay call for urgent and decisive action to dismantle the corrupt machinery and restore the fundamental principles of democracy, ensuring that the rights and voices of citizens are no longer silenced in the shadows of greed and malfeasance.
My Holiday Camp was surely situated in a pristine location
If only the telephones had been fit for purpose
On 15 July 1995, two months after the arbitrator's premature announcement of findings regarding my incomplete claim, Amanda Davis, the former General Manager of Consumer Affairs at AUSTEL (now known as ACMA), provided me with an open letter to be shared with individuals of my choosing. This action underscores the confidence she placed in my integrity and professional character:
“I am writing this in support of Mr Alan Smith, who I believe has a meeting with you during the week beginning 17 July. I first met the COT Cases in 1992 in my capacity as General Manager, Consumer Affairs at Austel. The “founding” group were Mr Smith, Mrs Ann Garms of the Tivoli Restaurant, Brisbane, Mrs Shelia Hawkins of the Society Restaurant, Melbourne, Mrs Maureen Gillian of Japanese Spare Parts, Brisbane, and Mr Graham Schorer of Golden Messenger Couriers, Melbourne. Mrs. Hawkins withdrew very early on, and I have had no contact with her since.
The treatment these individuals have received from Telecom and Commonwealth government agencies has been disgraceful, and I have no doubt they have all suffered as much through this treatment as they did through the faults on their telephone services.
One of the striking things about this group is their persistence and enduring belief that eventually there will be a fair and equitable outcome for them, and they are to admired for having kept as focussed as they have throughout their campaign.
Having said that, I am aware all have suffered both physically and their family relationships. In one case, the partner of the claimant has become seriously incapacitated; due, I beleive to the way Telecom has dealt with them. The others have al suffered various stress related conditions (such as a minor stroke.
During my time at Austel I pressed as hard as I could for an investigation into the complaints. The resistance to that course of action came from the then Chairman. He was eventually galvanised into action by ministerial pressure. The Austel report looks good to the casual observer, but it has now become clear that much of the information accepted by Austel was at best inaccurate, and at worst fabricated, and that Austel knew or ought to have known this at the time.”
After leaving Austel I continued to lend support to the COT Cases, and was instrumental in helping them negotiate the inappropriately named "Fast Track" Arbitration Agreement. That was over a year ago, and neither the Office of the Commonwealth Ombudsman nor the Arbitrator has been succsessful in extracting information from Telecom which would equip the claimants to press their claims effectively. Telecom has devoted staggering levels of time, money and resources to defeating the claiams, and there is no pretence even that the arbitration process has attemted to produce a contest between equals.
Even it the remaining claimants receive satisfactory settlements (and I have no reason to think that will be the outcome) it is crucial that the process be investigated in the interest of accountabilty of publical companies and the public servants in other government agencies.
Because I am not aware of the exact citrcumstances surronding your meeting with Mr Smith, nor your identity, you can appriate that I am being fairly circimspect in what I am prepared to commit to writing. Suffice it to say, though, I am fast coming to share the view that a public inquiry of some discripion is the only way that the reasons behind the appalling treatent of these people will be brought to the surface.
I would be happy to talk to you in more detail if you think that would be useful, and can be reached at the number shown above at any time.
Thank you for your interest in this matter, and for sparing the time to talk to Alan. (See File 501 - AS-CAV Exhibits 495 to 541 )
Four months after the arbitrator Dr Hughes prematurely brought down his findings on my matters, and fully aware I was denied all necessary documents to mount my case against Telecom/Telstra, an emotional Senator Ron Boswell discussed the injustices we four COT claimants (i.e., Ann Garms, Maureen Gillan, Graham Schorer and me) experienced prior and during our arbitrations (see Senate Evidence File No 1 20-9-95 Senate Hansard A Matter of Public Interest) in which the senator notes:
“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 , 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. …
“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.” (See Senate Hansard Evidence File No-1)
