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Absent Justice Part 1, Part 2 and Part 3


Call for Justice

My story started in 1987 when I decided my life at sea, where I had spent the previous 20 years, was over. I needed a new land-based occupation to see me through to my retirement years and beyond.

My business is hospitality, and I had always dreamed of running a school holiday camp. Imagine my delight when I saw the Cape Bridgewater Holiday Camp and Convention Centre advertised for sale in The Age. It was located in rural Victoria, near the small maritime port of Portland. Everything seemed perfect. I performed my “due diligence” to ensure that the business was sound; or at least, all of the due diligence I was aware I needed to perform. Who would have guessed that I had to check whether the phones worked? Within a week of taking over the business I knew I had a problem. Instead of getting phone calls we were receiving letters from customers and suppliers alike telling us they had tried to call and couldn’t get through.

Back when I started to operate my business in February 1988, when I commenced my arbitration in April 1994, and beyond to the late 1990s, doing business via the internet and email was not an option. The way of doing business was starting to come into its own. Had we COT Cases been operating our companies during the period where emails and online advice was so readily available, then the phone and faxing problems we suffered would not have affected our business losses as they did. We did not get an efficient mobile phone system into Cape Bridgewater until 2004. 

And so, my saga begins. It has been a quest to get a working phone at the property. On the way I have received some compensation for business losses and many promises that the problem is now resolved. It has not been resolved to this day. I sold the business in 2002 and subsequent owners have suffered a similar fate to me.

Other independent business people similarly affected by poor telecommunications have joined me on my journey. We are known as the Casualties of Telecom, or the COT cases. All we ever wanted was for Telecom/Telstra to admit to our various problems, fix them all, then pay compensation for our losses.  A working phone: is that too much to ask?

We initially asked for a full Senate investigation into Telecom in general and these issues in particular. We were offered, as an alternative, an arbitration process. It seemed like a good way to resolve the problem so we accepted this alternative. At this early stage, we honestly expected that the technical problems that prevented our phones from working would be resolved.

No such luck. Suspicions that something about the arbitration process was not quite right started almost immediately. We had been promised that the Telecom documents we needed to make our case would be made available to us if we entered into arbitration. Despite the promise, they have never been made available, and we still do not have those documents to this day. We were further troubled when we discovered that, during the arbitration process, our fax lines were being illegally tapped. Of course, with the weight of the government against us, no investigation into how many arbitration claim documents never reached the arbitrator has ever been undertaken.

Worse, we had been tricked into signing a confidentiality clause that has hampered all of our efforts since. I may be breaking the provisions of that clause by making this information public, but what choice do I have at 78 years of age?

The next part of our journey was to do everything in our power to obtain the promised but withheld documents through Freedom of Information (FOI). We know the evidence is there to make our case that the lines were not working and that they had not been properly tested according to agreed protocols. But for those documents to be any use to us, we have to obtain them. We still do not have those documents today. 

After reading the various mini-stories in the above menu bar, how will you think I will be numbering my first Crime Sheet – number 1? From the mini-stories and dropdown evidence files available on absentjustice.com, I have roughly calculated that forty-six crimes were committed against the COT cases either before they went into arbitration, during their arbitrations, or after those arbitrations.

The first Crime Sheet I am working on is that even though the AUSTEL (the then government communications regulator) had evidence that there were over 120,000 COT-type customers experiencing similar phone faults, Telstra forced them to remove those findings from their April 1994 COT Cases Report to read just 50 COT-type phone complaints. 

By scanning through the various mini-chapters displayed on absentjustice.com, you might even decide to work out for yourself if a crime was committed. The first example is ditectly disclosed below with the second available by clinking on Unprecedented Deception

Dilapidated Copper-wire Network

An example of the type of corroded copper wire follows > Worst of the worst: Photos of Australia’s copper network | Delimiter

In the world of political and media misinformation that is attached to the NBN, there is one important issue that hasn’t been fully addressed – Does Australia’s copper network meet the original mandatory government regulatory requirements? If this question is answered honestly, it would directly affect billions of dollars in Commonwealth spending.

23 June 2015: Had the arbitrator appointed to assess my arbitration claims correctly investigated ALL of my submitted evidence he would have had to value my claim as an ongoing problem NOT a past problem as his final award shows. It is clear from the following link dated > Unions raise doubts over Telstra's copper network; workers using ... that when reading in conjunction with Can We Fix The Can which was released in March 1994, these faults copper-wire network faults have been in existence for more than 24-years.

3 December 2015: I reiterate, Telstra continued to conceal this type of sensitive material from AUSTEL from as far back to before our 1994 arbitrations. And here this news artcle has led to a huge blowout in Australia's National Broadband budget roll-out. The total bill to fix the faulty copper lines was estimated last year at $641M. “[N]ow we find out the cost of upgrading the copper has blown out by almost 900 per cent”. (http://www.smh.com.au/technology/technology-news/nbn-faces-another-potential-cost-blowout-leaked-document-shows) If Telstra, the TIO and the COT arbitrator had not concealed the truth surrounding what the COT Cases had uncovered surrounding Telstra's ailing copper-wire network, the cost would have been significantly (millions upon millions) less than what it has cost the current government.

9 November 2017: Sadly, many Australians in rural Australia can only access a second-rate NBN. This didn’t have to be the case: had the Australian government ensured the arbitration process it endorsed to investigate the COT cases’ claims of ongoing telephone problems was conducted transparently, it could have used our evidence to start fixing the problems we uncovered in 1993/94. This news article See https://theconversation.com/the-accc-investigation-into-the-nbn-will-be-useful-but-its-too-little-too-late-87095 and Chapter 3 Lies under oath. again shows that the COT Cases claims of ailing copperwire network was more than valid.  

Almost two decades after this cover-up had been executed, with the government spin doctors successfully branding my claims as frivolous and me as a vexatious litigant, I have been left the government stopped financing the roll-out of the National Broadband Network (NBN), which still utilises part of the existing, seriously degraded copper network. In fact, the “… state of the copper network is considerably worse than expected, leading to extensive work beyond the node,” say leaked documents.

28 April 2018: This ABC news article regarding the NBN see >NBN boss blames Government's reliance on copper for slow ... needs to be read in conjunction with my own story because had these lies told under oath by so many Telstra employees had not occurred then the government would have been in a better position to evaluate just how bad the copper-wire Customer Access Network (CAN) really was just 4-years ago.

Sadly, as the above many Australians living in rural Australia can only access a second-rate NBN. This didn’t have to be the case: if the Australian Government had ensured the arbitration process they endorsed to investigate the COT cases’ claims of ongoing communication problems had been conducted lawfully.

Introduction to Absent Justice Part 1, 2 and 3
Introduction to Absent Justice Part 1, 2 and 3
Corrupt practice mixed with bribery and criminal exploitation causes fraud and crookedness which demoralize society. Misrepresentation coupled with jobbery is extortion payola. This is subterfuge, swindling, along with falsehood.
Forced to proceed with arbitration
Forced to proceed with arbitration
Legal abuse, happens when someone uses the law or legal threats to control and scare you. How can arbitration be a just process when the arbitrator has no control over how it is conducted? Why were the claimants forced to proceed with arbitration without any evidence to support their claim
Chapter 6 - Clandestine meeting
Chapter 6 - Clandestine meeting
Legal abuse, or legal bullying, happens when someone uses the law or legal threats to control and scare you. Corrupt practices mixed with bribery and criminal exploitation causes fraud and crookedness which demoralize society. 
Absent Justice Part 1 - Chapter 7 - Reinstated liability Clauses
Absent Justice Part 1 - Chapter 7 - Reinstated liability Clauses

.Legal abuse, or legal bullying, happens when someone uses the law or legal threats to control and scare you. Corrupt practices mixed with bribery and criminal exploitation causes fraud and crookedness which demoralize society.   

Absent Justice Part 1 - Chapter 8 - An Honest Arbitrator?
Absent Justice Part 1 - Chapter 8 - An Honest Arbitrator?

Corrupt practices mixed with bribery and criminal exploitation causes fraud and crookedness which demoralize society. Misrepresentation coupled with jobbery is extortion payola. This is subterfuge combined with swindling, and fraud.

Absent Justice Part 1 - Chapter 9 - A Comprehensive Log Of Fault Complaints
Absent Justice Part 1 - Chapter 9 - A Comprehensive Log Of Fault Complaints

Checkout our website that shows evil wrongdoing of using false reports to the judge and arbitrator stopping you from getting legal advice.  Interfering with or destroying legal documents which belonged to you. Destroying documents that might

Absent Justice Part 1 - Chapter 10 Julian Assange - Hacking
Absent Justice Part 1 - Chapter 10 Julian Assange - Hacking
Corrupt practices mixed with bribery and criminal exploitation causes fraud and crookedness which demoralize society. Misrepresentation coupled with jobbery is extortion payola. This is subterfuge combined with swindling, and fraud.
Absent Justice Part 1 - Chapter 11 - Pressure Applied To Arbitrator
Absent Justice Part 1 - Chapter 11 - Pressure Applied To Arbitrator
Corrupt practices mixed with bribery and criminal exploitation causes fraud and crookedness which demoralize society. Misrepresentation coupled with jobbery is extortion payola. This is subterfuge combined with swindling, and fraud.
Absent Justice Part 2 - Chapter 12 - Who Really Prepared the Arbitrator’s Award
Absent Justice Part 2 - Chapter 12 - Who Really Prepared the Arbitrator’s Award

Fraud and crookedness demoralize society. Misrepresentation coupled with jobbery is extortion payola. This is subterfuge and when combined with swindling, it is falsehood. These acts are corrupt, treacherous, and dishonest.

Absent Justice Part 2 - Chapter 13 - Believe it or not
Absent Justice Part 2 - Chapter 13 - Believe it or not
Fraud and crookedness demoralize society. Misrepresentation coupled with jobbery is extortion payola. This is subterfuge and when combined with swindling, it is falsehood. These acts are corrupt, treacherous, and dishonest.
Absent Justice Part 2 - Chapter 14 - Was it Legal or Illegal?
Absent Justice Part 2 - Chapter 14 - Was it Legal or Illegal?

This type of skulduggery is treachery, a Judas kiss with dirsty dealing and betrayal. This is dirty pool and crookedness and dishonest. This conduct festered corruption. 

Absent Justice Ebook

Read Alan’s book
‘Absent Justice’

Alan Smith’s book shows us corruption, fraud and deception perpetrated against fellow Australian citizens by the then government owned Telstra Corporation and the use of an 'arbitration confidentiality gag clause,' which is still being used in 2022 to cover up the many crimes committed by Telstra during their arbitration defence of the COT Cases in 1994 to 1998.

This book is asking the government why are these crimes committed by Telstra being concealed under a gag clause?

THIS BOOK IS 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 (see Absent Justice Book 2)

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

“…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

“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

“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