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Australian Federal Police Investigations

All events quoted in this publication are supported by copies of the original documents which support the statements being made on this website. Hundreds and hundreds of further documents are being edited to further assiting me in my attenmpt to prove to the government corruption in Australia's seat of arbitration is real or was real between April 1994 and March 1999.  

To get the best benefit from reading our mini-stories, the hundreds of statements made in those stories are numbered and can be checked alongside the exhibits below.

Example 1:  File AS 942 - AS-CAV 923 to 946 

Example 2 :  File 34-C - AS-CAV Exhibit 1 to 47

AS-CAV Exhibit 1 to 47 – AS-CAV Exhibit 48-A to 91AS-CAV Exhibit 92 to 127AS-CAV Exhibit 128 to 180AS-CAV Exhibit 181 to 233AS CAV Exhibit 234 to 281AS-CAV Exhibit 282 to 323AS-CAV Exhibit 324-a to 420AS-CAV Exhibit 421 to 469 – AS-CAV Exhibit 470 to 486AS-CAV Exhibit 488-a to 494-e – AS-CAV Exhibits 495 to 541AS-CAV Exhibits 542-a to 588AS-CAV Exhibits 589 to 647AS-CAV Exhibits 648-a to 700 –  AS-CAV Exhibit 765-A to 789AS-CAV Exhibit 790 to 818AS-CAV Exhibit 819 to 843AS-CAV 923 to 946 –  AS-CAV Exhibit 1150 to 1169AS-CAV 1103 to 1132AS-CAV Exhibit 1002 to 1019AS-CAV Exhibit 996 to 1001 – GS-CAV Exhibit 1 to 88GS-CAV Exhibit 89 to 154-bGS-CAV Exhibit 155 to 215GS-CAV Exhibit 216 to 257GS-CAV Exhibit 258 to 323GS-CAV Exhibit 410-a to 447GS-CAV Exhibit 448 to 458 GS-CAV Exhibit 459 to 489GS-CAV Exhibit 490 to 521GS-CAV 522 to 580GS-CAV Exhibit 581 to 609

© 2017 Absent Justice

 Download Attachments

AS-CAV Exhibit 488-a to 494-e

AS-CAV Exhibit 1150 to 1169

AS-CAV Exhibits 1103 to 1132

AS-CAV Exhibit 1002 to 1019

AS-CAV Exhibit 996 to 1001

Absent Justice - Renowned Australian Author

The lawyer-run adversary system used in Britain and its former colonies, including the US, India, Canada, New Zealand, and Australia does not try to find the truth. It is the only system which conceals evidence 

 Evan Whitten

Please note: for the purpose of this Legal Professional Privilege and Coopers & Lybrand chronology of events I will refer myself by name, as Alan Smith.

Legal Professional Privilege

During September 1993, Telstra announced they would not address anymore of Alan's telephone complaints unless he first registered them in writing with their external lawyer, Denise McBurnie, of Freehill Holligdale & Page. Unfortunately, Alan didn’t realise that Telstra thought this process would mean that all technical documents connected to any complaints Alan registered with Ms McBurnie would then, as far as Telstra was concerned, be classified under Legal Professional Privilege (LPP).

10 September 1993: this Telstra FOI document folio N00749 to N00760, from Denise McBurnie of Freehill Hollingdale & Page to Ian Row, Telstra’s Corporate Solicitor, relates to strategies that were about to be used in dealing with the COT cases. Folio N00749 is the first page of this strategy (AS 923) noting: 

"Both Freehill’s and Duesbury’s would be happy to assist you should any further presentations to Telecom management be required on any of the matters raised in the issues paper or with regard to any other matters concerning management of “COT” cases and customer complaints."

This document is important because Ms McBurnie names Duesbury's as assisting Freehill's in this matter, and Duesbury's was also involved with the employment of private investigators (paid by Telstra) in relation to Graham Schorer, and possibly other COT claimants.

It is clear from folio N00750 that Ms McBurnie has singled out four of the COT Cases businesses: Golden Messenger, Tivoli Theatre Restaurant, Japanese Spare Parts and the Cape Bridgewater Holiday Camp, in which Legal Professional Privilege (LPP) was to be used to conceal documents from those four cases (AS 923), as they state these claimants:

“…high level of understanding (acquired by experience) with FOI procedures and the procedures involved in accessing Telecom documentary information.”

appeared to be perhaps threaten their misleading ways.

In June 2000, renowned Legal Professional Privilege expert, Associate Professor Suzanne McNicoll, provided the COT claimants (AS 924) with the following legal opinion regarding the Freehill's ‘COT Case Strategy’ i.e.

"There is also some potential prima facie evidence of (4) i.e. knowingly making false or spurious claims to privilege. For example, there is potential structure set up for the possible abuse of the doctrine of legal professional privilege in the faxed document entitled “COT” Case Strategy, marked “Confidential” dated 10 September 1993 from Ms Denise McBurnie of Freehill Hollingdale and Page, Melbourne Office to Mr Ian Row, Corporate Solicitor, Telecom Australia.”

Telstra FOI document folio P03022 (AS 925) is an internal email dated 23 September noting:

"In the current climate Telecom needs to be particularly careful with its correspondence to the CoT customers. I have engaged Denise McBurnie from Freehills to participate on an “as required” basis in this matter and it is appropriate that all correspondence from the CoT (and near CoT) customers should be channelled through Denise for either drafting of the reply from Telecom or for the reply direct from Freehills as our agent.

It goes on to say:

'Would you please ensure that with all customers that are, (or have the potential to become) serious complaints, correspondence is processed through Freehills with initial acknowledgement by the Region."

As already mentioned on page 21, under chapter ‘Short duration and 1800 call problems,’ Telstra already knew of these existing problems, but continued to conceal them and continued to incorrectly charge their customers for calls that were never received.

5th October 1993: Robin Davey, AUSTEL’s Chairman provides a draft of the agreement to be used in the four COT Cases, for Graham Schorer (Golden Messenger), Ann Garms (Tivoli Theatre Restaurant), Maureen Gillan (Japanese Spare Parts) and Alan Smith (Cape Bridgewater Holiday Camp), Fast Track Settlement Proposal to Telstra’s Ian Campbell, Managing Director, Commercial  (AS 927) noting:

"Finally, if the attached letter (Attachment 'D') dated 7 July 1993 from Freehill Hollingdale & Page to one of the COT Cases’ solicitors is indicative of the way that Freehill, Holingdale & Page have approached the COT Cases in the past, I would be more than a little concerned if they were to have a continuing role."

It is important to note that during the first week of January 1994, the COTs advised Warwick Smith, the TIO, who was also the administrator of both the Fast Track Settlement Proposal (FTSP) and the Fast Track Arbitration Procedure (FTAP), that AUSTEL’s Chairman, Robin Davey, had also assured the COTs that Freehill’s would no longer be involved in their Fast Track Settlement Proposal. An internal Telstra email (FOI folio C02840) from Greg Newbold to various Telstra executives (AS 928) notes:

"Steve Lewis (Australian Financial Review news reporter) is following up on his own yarn NOT with the Davey letter to the minister but with the Davey letter to the CEO raising concerns about our use of Freehills."

Later, between January and March 1994, when the COTs again spoke to Warwick Smith concerned that Telstra had now appointed Freehills as their FTAP defence lawyers, the TIO’s response was that it was up to Telstra who they appointed as their arbitration lawyers, even though Alan also advised the TIO, in March 1994, that he was still having to register his phone complaints through Freehills and had still not been provided with any of the technical data to support Freehill’s assertions that there was nothing wrong with his telephone/fax service. This was a grave conflict of interest situation.

During and after Alan's arbitration he raised his concerns that the arbitrator had not addressed Freehill’s submission of Telstra witness statements that had only been signed by Freehills and not by those who were actually making the statements. Nothing was transparently done to assist Alan in this matter other than to send this witness statement back to be signed by the alleged author making the statement.

Alan’s appeal lawyer (Law Partners of Melbourne) was not only staggered to learn about this witness statement issue, but was also staggered to learn that none of the arbitration fault correspondence that had been exchanged between Freehills, Telstra and Alan was ever provided to Alan as it should have been according to the rules of discovery. In fact, Alan’s lawyer suggested that perhaps Telstra had originally appointed Freehills to be Alan’s designated fault complaint managers so that any of that correspondence would form what Telstra believed to be a legal bridge, so that Alan’s ongoing telephone fault evidence could be concealed under Legal Professional Privilege (LPP) during his arbitration.

Telstra’s continued use of Freehills throughout the COT arbitrations and the arbitrator’s refusal, in Alan’s case, to look into why Telstra was withholding technical data under LPP, suggested, at the time, that the arbitrator was not properly qualified as he didn’t seem to understand that Telstra could not legally conceal technical information under LPP.

As this story reveals, Dr Hughes was, in fact, not a graded arbitrator at all, and was not registered as an arbitrator with the arbitrator’s umbrella organisation, then called the Institute of Arbitrators Australia.  

19th October 1993: This document from Denise McBurnie (Freehill's) to Telstra's Don Pinel titled Legal Professional Privilege In Confidence FOI folio A06796:  includes the following statements:

"Duesbury & FHP continuing of evaluating (blank) claim - final report to Telecom will be privileged and will not be made available to (blank).

Telecom preparing report for FHP analysing data available on (blank) services ie. (CCAS, Leopard, CABS and file notes) – this report will be privileged and will not be made available to (blank)." (AS 930)

In other words, Telstra FOI documents (folio R00524 and A06796) confirm Telstra were already hiding technical information from the COT claimants under Legal Professional Privilege. It is important to note here that Telstra had directed Alan to register his 'ongoing' telephone faults, in writing, to Denise McBurnie of Freehills in order to have those issues addressed. Alan found this not just time consuming, but also very frustrating, because by the time he received a response to one complaint he already had further complaints to register. It wasn’t until Graham and Alan entered the arbitration process that it appeared as though Telstra were using Freehills’ Legal Professional Privilege strategy to hide numerous important technical documents from the claimants, including the very same 008/1800 fault complaints that Alan had registered through Freehills, according to Telstra’s directions.

29th October 1993: this Telstra FOI document folio K01489 Exhibit (AS 767-A) notes

"During testing the Mitsubishi fax machine, some alarming patterns of behaviour were noted, these affecting both transmission and reception. Even on calls that were not tampered with the fax machine displayed signs of locking up and behaving in a manner not in accordance with the relevant CCITT Group 3 fax rules."

The hand-written note in the bottom right corner of Exhibit AS 767-B, which states: “Stored in Fax Stream?” suggests that faxes intercepted via Telstra’s testing process are stored in Telstra's Fax Stream service centre so the document can be read, at any time, by anyone with access to Telstra’s fax stream centre. The Scandrett & Associates report proves that numerous COT arbitration documentation was definitely intercepted, including faxes travelling to and from Parliament House, the Commonwealth Ombudsman’s Office (COO) and the COTs and, in Alan Smith’s case at least, that this interception continued for seven years after his arbitration was over. This means, in turn, that Telstra had free access to in-confidence documents that the claimants believed they were sending ONLY to their accountants, lawyers and/or technical advisors (as well as Parliament House and the COO), and those documents could well have included information that the claimants might not have wanted disclosed to the defendants at the time

Coopers & Lybrand Report

Towards the end of 1993 Telstra commissioned an international audit company, Coopers and Lybrand, to report on Telstra’s fault handling procedures, particularly in relation to complaints like those raised by the members of COT. In a letter dated 17 September 1993 (AS 1010) to AUSTEL’s Chairman, Mr Robin Davey, the then-Shadow Minister for Communications, Senator Richard Alston, wrote:

"Finally I note that Telecom propose to engage one of the "Big Five" accounting firms to audit its handling of the COT cases with Austel merely having unspecified access to the consultants and its output.

If such an audit is to have any legitimacy it is essential that it should be commissioned and paid for by Austel. To allow one party to litigation to select and pay - undoubtedly generously - for the judge would not be tolerated in any judicial proceedings. It should not be tolerated here."

Regardless of the concerns expressed by various government ministers, including Senator Alston, it was Telstra alone who paid Coopers & Lybrand and Bell Canada International Inc. to carry out that work. Then, in the case of the COT arbitrations, Telstra paid for the arbitrator and the arbitrator’s helpers who were then also exonerated from all liability for anything untoward that they might be involved in.

Senator Alston’s objections to Telstra being allowed to pay for both the Coopers & Lybrand audit of Telstra systems and the Bell Canada International Inc (BCI) audit of the main COT claims, and the telephone exchanges that the COT businesses were connected to, was particularly alarming because, as is now known, both those reports were not only orchestrated by Telstra, but were orchestrated by AUSTEL too, as their April 1994 ‘COT Cases Report’ clearly shows. (Note: these Bell Canada International Inc (BCI) tests are discussed in the next chapter)

This is even more alarming because, although all this auditing was carried out on behalf of the Government Regulator, Telstra was still able to manipulate the results by hiding any findings that went against them, whether those findings were reported by Coopers & Lybrand or BCI, and they accomplished this with even more manipulation, this time by using various exemptions in the FOI Act, such as Legal Professional Privilege (LPP) or adverse findings against Telstra marked as (ADV), as (AS 1015, 1016, 1017, 1018 and AS 1019) so clearly show.

A further alarming aspect of Telstra’s interference in the official auditing process is that any adverse findings could also be deliberately omitted from the formal Coopers and BCI reports that AUSTEL and the TIO had already agreed would be provided to the COT arbitrator. This meant that the arbitrator would never know what it was that Coopers and BCI found wrong with Telstra’s processes.

Since Alan has since proved that both the Coopers & Lybrand and BCI reports were fundamentally flawed and exhibits (AS 1015, 1016, 1017, 1018 and AS 1019) show that not all the adverse findings against Telstra have been revealed – even now – how then can the present Coalition Government condone the behaviour that led to the arbitrator not only accepting two thoroughly flawed reports as arbitration evidence, but then basing his final decisions, in part at least, on those flawed reports? 

How can the results of the COT arbitrations still stand, as they have for the last twenty years, when it has been obvious for some time that these were not the only findings against Telstra that Telstra has kept hidden, and that some of those hidden findings included technical documents that were falsified so the arbitrator would not uncover the truth about Telstra’s failing telecommunications network? How could Telstra get away with manipulating the law as it stood back then, in 1994, without even being asked to explain what really went on during the COT arbitrations?

It is important to note that when Coopers & Lybrand investigator, Robert Nason, and his secretary, Sue Hurley, met with Alan at his Cape Bridgewater Holiday Camp on 13 October 1993, Alan supplied them with evidence supporting his claims that Telstra had knowingly misled and deceived Alan during his 11 December 1992 settlement. Alan explained that two technicians visited Alan's businesses on 3 June 1993 to investigate his 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 Alan's previous settlement claim.

A letter dated 3 November 1993 to Mr Robert Nason, (Coopers & Lybrand) from the Hon Senator Richard Alston, Shadow Minister for Communications (AS 938) notes:

"I have at last received a copy of your terms of reference and these make it clear that the review requires Coopers & Lybrand to "conduct an independent audit of (the) adequacy, reasonableness and fairness (of) Telecom's approach to Difficult Network Faults reported by customers over the last 5 years".

The review also explicitly requires Coopers & Lybrand recommendations to take "into account Telecom's legal obligations".

Despite the clear nature of these terms of reference I am disturbed to learn from several COT members that your review will not deal with questions of misleading and deceptive conduct".

While the final public Coopers & Lybrand report is almost identical in regards to Telstra's previous settlements with the COT Cases at point 2.20 to that as shown in their draft at point 2.20, it is important we highlight one particular variation

Draft

"We have found evidence that an inappropriate use of legal representation and aggressive tactics were used in negotiating settlements and attempting to develop a resolution process." (AS 939)

Final

"We believe that in some cases an inappropriate use of legal representation and aggressive tactics were used in negotiating settlements and attempting to develop a resolution process’s" (AS 940)

Alan has always been convinced that the segment referred to in the Coopers & Lybrand draft "have found evidence" was the same evidence Alan provided Robert Nason and Sue Hurley during their visit to Alan's business on 13 October 1993 which shocked them and left them both speechless. At point 3.5, 3.6 and 3.7 Nason clearly articulates he placed the Bell Canada International Inc Report, Coopers & Lybrand Report and the AUSTEL COT Cases Report into evidence.

Had Dr Hughes been provided the true findings in this case, those of Coopers & Lybrand as well as AUSTEL's secret findings on this settlement issue, as arbitrator he would have had to find against Telstra regarding these settlement issues instead of finding in favour of Telstra.

Although Senator Ron Boswell’s questions on notice were put to the Senate Estimate Committee Hearing in December 1993, they are most relevant to this date line, mostly because of the question that the Senator put directly to Telstra (AS 1030), i.e.: 

“In the review by Coopers and Lybrand of Telecom’s difficult network fault, policies and procedures will the terms of reference allow Coopers and Lybrand to examine the issues of misleading and deceptive conduct of Telstra?”

Telstra then replied:

“...Telecom does not accept that it has been involved in such conduct” and “Should allegations of such conduct arise in the course of C&L investigations, Telstra would expect C&L to have proper regard to such allegations on the conduct of its work” and “Telstra would also expect C& L to address any such allegations in its reports” (AS 1230). 

When Coopers & Lybrand later presented their draft report, it did include the suggestion that Telstra may have been party to misleading and deceptive conduct, but all those references were removed from the final version. The final version also excluded any references to a letter that Graham wrote to Robert Nason (a partner at Coopers & Lybrand) confirming that Telstra had knowingly sold faulty equipment to him, nor did it refer to the evidence that Alan also provided to Mr Nason supporting Alan and Graham’s belief that Telstra had knowingly misled and deceived them, nor did it include the evidence that Alan had found in the briefcase and also passed on to Mr Nason.

Perhaps this conduct was not disclosed, because it is directly related to the threats recorded in Telstra’s internal memo of 9th November, from the Group Managing Director of Telstra Mr Doug Campbell to Telstra's General Manager of Commercial Mr Ian Campbell (AS 942), saying: 

"I believe that it should be pointed out to Coopers and Lybrand that unless this report is withdrawn and revised, their future in relation to Telecom may be irreparably damaged."

These are strong words from the most senior manager below the CEO of the largest telecommunications corporation in the country; a corporation that, at the time, had a monopoly hold on the industry in Australia.

Although the draft and final versions of the Coopers & Lybrand reports are not exactly complimentary of Telstra’s handling of COT matters, anyone reading them would not notice that by simply changing a word here and a phrase there, Coopers & Lybrand altered the draft so that the final version did not reveal what they really uncovered. For example, in paragraph 15 of the draft it is noted (AS 943) that:

"Telecom should satisfy itself that the customer premises equipment complies with Austel's technical specification or seek assurances from the customer that this is the case to ensure that the services supplied by Telecom are fit for purpose under the 1974 Trade Practices Act."

In the same section of the final version (AS 944) however, there is no mention of ensuring they that “…the services supplied by Telecom are fit for purpose under the 1974 Trade Practices Act.”

The draft report, at point 23 under ‘Other Recommendations’, notes (AS 945) that:

 "Fitness for Purpose: Telecom needs to issue, inter alia, instructions to sales, installation, maintenance, fault investigation and repair involved with PSTS and/or CPE work that checks must be made to ensure the PSTS will meet or continue to meet the "fitness for purpose" requirements of the 1974 Trade Practices Act for the circumstances they are dealing with."

In the final version Coopers & Lybrand have again left out the major issue of the service provided being ‘fit for purpose’ according to the1974 Trade Practices Act (AS 946), the very issues that AUSTEL advised the Government would be addressed by Telstra in a commercial settlement process, with no need for an arbitration if it was proved that Telstra had acted outside of the 1974 Trade Practice Act. But once again, here we have the arbitrator accepting the Coopers & Lybrand report, even though it did not include any reference to what Telstra should be doing according to the Trade Practice Act. 

Robert Nason has now been a senior executive in the Telstra Corporation for some time, including holding the position of Group Managing Director, Business Support and Improvement in 2014. In 2013 he was also appointed as Chairman of Foxtel, but before that, back in June 2010, Alan provided Mr Nason with a condensed draft version of this story and most of the Exhibits it refers to, in the hope that he could facilitate a resolution to Alan’s matters. Mr Nason has never responded.

However, Sue Laver, Telstra's General Counsel (now Telstra's current 2022 Corporate Secretary did write instead, noting:

I refer to your letter dated 1 June 2010 addressed to Robert Nason, Group Managing Director of Corporate Strategy & Customer Experience.

"Your claims were resolved pursuant to the arbitral award dated 11 May 1995. Over the thirteen years since the award, you have repeatedly sought to have your complaint re-opened. Telstra does not propose any further review of your claims or to respond to any further correspondence from you".

PLEASE NOTE - the following segment is in draft format for further discussion purposes:

Telstra’s Muzzling Power 1

Another one of Telstra's Corporate Secretary's, was also a member of the Telecommunications Industry Ombudsman (TIO) Board who along with the referred to Telstra's Chris VonWiller, were allowed to attended monthly COT Case arbitration meetings which of course allowed Telstra to know first hand how to control the arbitration documents being requested by the COT Cases. NONE of the COT Cases were represented at these monthly meetings.

On 9th June 1993: A TV news program was clearly also a target for Telstra's executives to muzzle the media regarding the validity of the COT Cases claims. This Telstra internal email dated 16 June, 1993 FOI folio A04646 reports:

"Good news re channel nine news. Haven’t checked all outlets but as it didn’t run on the main bulletin last night, we can be pretty certain that the story died the death. I wish I could figure which phase it was that convinced Jason Cameron not to proceed. Might have been one of Jim Holmes' pearls..."

Jim Holmes being the Telstra Corporate Secretary, the reader by now may well be asking themselves, what type of pearl had been cast by Jim Holmes? Were they pearls of wisdom, financial pearls, or another type of pearl that convinced a respected journalist to drop a story?

During meetings following this casting of pearls, Mr Holmes was assigned to take charge of deflecting allegations about a fellow Telstra executive, Chris VonWiller, for misleading a Minister concerning the true extent of the faults associated with the telephone exchange that two COT businesses had been connected to. These two Telstra executives were also members of the Telecommunications Industry Ombudsman board (TIO) when Mr VonWiller misled the Minister, and Mr Holmes was assigned to deflect this serious matter. Again, Jim Holmes and Chris VonWiller were even allowed to attend TIO Board meetings when the TIO was discussing the progress of the TIO-administered COT arbitrations (File AS 232-A -  AS-CAV Exhibit 181 to 233.

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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 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.

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“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

“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

“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

“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.”

The Hon David Hawker MP

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

– Edmund Burke