Menu
My Bag

Your bag is currently empty.

Menu

Julian Assange Hacking

A judge has ruled WikiLeaks founder Julian Assange will not be extradited from the UK to the US to face espionage charges over the publication of secret ...

 

The Establishment want this man destroyed 

Absent Justice - Unresolved Privacy Issues

Melbourne Lonsdale telephone exchange

To write a true set of events of the COT story (the way it happened) warts and all, I had no real option but to raise the issue of three hackers who in early April 1994 contacted the then COT spokesperson Graham Schorer in his Melbourne courier business office (see Hacking – Julian Assange File No/3).

Before sitting down to write this chronology of events in mid-2014, Graham Schorer, along with his secretary Karen went over many points concerning what Graham recalled from the two different phone conversations he had with me and fellow COT Cases Ann Garms concerning what Julian Assange had conveyed he and his two friends had uncovered after electronically hacking into Telstra's Melbourne Lonsdale telephone exchange. 

My recollection of events on the two times Graham had discussed the hacker's intentions do not differ much from what I remember Graham telling me almost immediately after each call he had received. On both occasions, the hackers had said Telstra had a file full of arbitration documents electronically stored, emails and faxes discussing the current arbitration at hand and Telstra's previous emails dated before the arbitrations went way back.

What both Graham and I recall as almost the same comment we remember from the first telephone call is that Telstra was not the only one sending and receiving emails and faxes from the other parties associated with our arbitrations (no names of who those parties were ever given), but the word that these parties were acting unlawflly towards us, and words to the affect we were not to get our arbitration documents. Graham and I both used this statement when we contacted the Telecommunications Industry Ombudsman who was also the administrator to our arbitrations.

we were not to get our arbitration documents.

Absent Justice - Telstras FOI Game

Australian Federal Police

In fact, in my case, on 14 May 1994, after having telephoned Jeff Penrose, Superintendent Detective Sargeant of the Australian Federal Police, to inform him while I was viewing FOI documents at Telstra's Melbourne office on that day, Telstra was switching pages of one report and stapling them to another which did not coincide. Blanking out on documents had been done on those initially inadvertently left at my office by Telstra on 3 June 1993.

I had supplied copies of those documents to the government regulator in June 1993, in which I had retained the duplicate copies. These examples proved Telstra had attempted to destroy 53- different reports making them unreadable. I reported this on the telephone with Jeff Penrose, Superintendent Detective Sargeant of the AFP.

He told me to place this even onto the statutory declaration, which I did and provided both Mr Penrose a copy and the arbitrator Dr Hughes and Warwick Smith TIO. On 16 May 1994 I prepared a Statutory Declaration and provided it to both the TIO and the arbitrator and the AFP (File 189-A - GS-CAV Exhibit 155 to 215.

On 16th May 1994:  A Telecommunications Information Oddice (TIO) file note, which I received late in December 2001 (under the TIO policy privacy Act), confirms I visited to the TIO’s office (two blocks from Telstra House) and requested a witness to accompany me back to the Telstra viewing room to see the altered documents for themselves. File 189-B GS-CAV Exhibit 155 to 215 marked Warwick and URGENT confirms I left some of the censored/blanked out FOI documents with the deputy TIO, Sue Harlow.  In the last paragraph of this document the deputy TIO, Sue Harlow, refers to the proof I left confirming Telstra altered information on the supplied documents, noting, “He left an example of this with us (also attached).”

Even though the TIO was acting as an administrator to my arbitration, they refused to send anyone back with me.  As already noted, on 11th January and 11th July 1994 Telstra’s Steve Black wrote to Warwick Smith regarding the TIO-appointed Resource Unit and AUSTEL censoring Telstra documents before the COT claimants were allowed to use them to support their claims.  Perhaps this is why no one from the TIO’s office would help investigate this discovery matter?

It is also possible that because the hackers (who have since been shown to have been Julian Assange) who contacted Graham Schorer (COT spokesperson) warning him that Telstra and others were concealing documents from the COT Cases. This could also be the reason why no body ever investigated what happened to me during my visit to Telstra's FOI viewing room. 

Minimizing Telstra’s liability 

ACMA Australian Government

AUSTEL withheld from my arbitration the most important report of all. The same Australian Communications and Media Authority (ACMA) has never rectified this terrible injustice 

Absentjustice-Introduction File 495, dated 22 September 1994, is a transcript taken during an oral interview at the Commonwealth Ombudsman’s Office, with AUSTEL’s representatives Bruce Matthews and John McMahon. On page 7 of this manuscript the Commonwealth Ombudsman’s officer John Wynack, asked: ‘What was the date the report was issued, the AUSTEL report? And Mr Matthews replied: ‘The final report was April – I can’t remember the date in April, but April 1994. The draft report was produced in March 1994 and Telecom received their copy of that at the time.’

In simple terms, by AUSTEL only providing Telstra with a copy of their AUSTEL’s Adverse Findings in March 1994, not only assisted Telstra during their defence of my 1994/95 arbitration it also assisted Telstra in 2006, when the government could only assess my claims on a sanitized report prepared by AUSTEL and not their AUSTEL’s Adverse Findings.

AUSTEL’s Adverse Findings, at points 10 to 212, were compiled after the government communications regulator investigated my ongoing telephone problems. Government records (see Absentjustice-Introduction File 495 to 551) show AUSTEL’s adverse findings were provided to Telstra (the defendants) one month before Telstra and I signed our arbitration agreement. I did not get a copy of these same findings until 23 November 2007, 12 years after the conclusion of my arbitration.

As Julian Assange said, we would not get the documents needed to support our claims and that Telstra was not the only one denying us COT Cases. Those documents suggest that Julian Assange was discussing AUSTEL’s Adverse Findings.

The fact that six senators have stated similar to what Julian Assange relayed to Graham Schorer (see Unprecedented Deception) and it took the Senate a further five years before to show this did happen is again testament that the warnings by the hackers should have been investigated in 1994. 

six senators made their conclusions

Absent Justice - Julian Assagne

A Man With A Conscience

I have used below for this Introduction to the various Julian Assange mini-stories part of the content I have used on the Home Page. 

On page 15 in the novel The Most Dangerous Man In The World by Andrew Fowler, he makes the following statement:

"The Lonsdale Telephone Exchange in the centre of Melbourne with its black marble facade, is an eye-catching building. In the last 1980s it was the gatway to other telephone exchanges and organisations linked to super computers around the world".

The information on Bad Bureaucrats Taking on the Establishment and Chapters 1 to Chapters 9 Julian Assange Hacking are all related to the following a discussion Graham Schorer (COT spokesperson) had with a group of young hackers who we now beleive was Julian Assange and his friends. These young hackers contacted the group during the early part of COT arbitrations.

That the hackers informed Graham Schorer they had broken into.the Melbourne Lonsdale Telephone Exchanges.  

In June 1993, more than twenty years before Andrew Fowler and Julian Assange had ever heard of the Lonsdale Telephone Exchange, Telstra had left an unlocked briefcase at my premises; it revealed that the Lonsdale Telephone Exchange had poorly been programmed and that the Ericsson AXE telephone exchanges equipment being used by Telstra in their telephone exchanges were known to be suffering significant faults.

On 4 and 5 June 1993, I freely provided AUSTEL (the then government communications regulator this evidence without copying much of it because of my limited copying facilities. A facsimile machine and a roll system were OK for faxes arriving, but that was its fundamental limitation. Later AUSTEL's Queens Road Melbourne office discovered from reading further documents that it became apparent other countries around the world were now removing the Ericsson AXE equipment from their exchanges or had removed it from their exchanges. So why was Telstra still using this equipment that destroyed businesses throughout Australia?

I provided the AUSTEL with further damaging information concerning the weaknesses in Telstra's Melbourne Lonsdale Exchange which showed that 50 per cent of my Melbourne telephone callers from Melbourne calling into my business at Cape Bridgewater 430 kilometres away were trunked through the Lonsdale Exchange. Telstra had somehow forgotten to programme the first six digits 055 267 of the Cape Bridgewater telephone exchange into the system for at least eight months. While this was bad enough, those callers received a recorded electronic message telling them my business was no longer trading.

So, when we were offered documents from an unknown source stating the hackers had gained access to Telstra's Melbourne Lonsdale Telephone Exchange which we knew was linked to the outside world, alarm bells began to ring. We were being offered emails and faxes proving Telstra and others had us COT Cases under electronic surveillance during our arbitration; we thought this might be set up. Was the Lonsdale Exchange the carrot to trap us into accepting documents outside of the arbitration process? Therefore, we declined to take the documents on offer.  

A statutory declaration prepared by Graham Schorer (COT spokesperson) on 7 July 2011 was provided to the Victorian Attorney-General the Hon Robert Clark. This statutory declaration discusses three young computer hackers who phoned Graham to warn him during the 1994 COT arbitrations. The hackers had discovered Telstra and others associated with our 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 - Australian Senate

Stop the COT Cases at all cost

Worse, however, the day before the Senate committee uncovered this COT Case Strategy, they also told under oath, on 24 June 1997 see:- pages 36 and 38 Senate - Parliament of Australia/from an ex-Telstra employee and then-Whistle-blower, Lindsay White, that, while he was assessing the relevance of the technical information which had been requested by the COT claimants, he advised the Committee that:

"In the first induction - and I was one of the early ones, and probably the earliest in the Freehill's area - there were five complaints. They were Garms, Gill and Smith, and Dawson and Schorer. My induction briefing was that we - we being Telecom - had to stop these people to stop the floodgates being opened."

Senator O’Chee then asked Mr White - "What, stop them reasonably or stop them at all costs - or what?"

Mr White responded by saying - "The words used to me in the early days were we had to stop these people at all costs".

Senator Schacht also asked Mr White - "Can you tell me who, at the induction briefing, said 'stopped at all costs" (See Front Page Part One File No/6)

Also in the above Senate Hansard on 24 June 1997: (refer to page 76 and 77 Senate - Parliament of Australia Senator Kim Carr states to Telstra’s main arbitration defence Counsel (also a TIO Council Member) Re: Alan Smith: (Senate Evidence File No/1-B)

Senator CARR – “In terms of the cases outstanding, do you still treat people the way that Mr Smith appears to have been treated? Mr Smith claims that, amongst documents returned to him after an FOI request, a discovery was a newspaper clipping reporting upon prosecution in the local magistrate’s court against him for assault. I just wonder what relevance that has. He makes the claim that a newspaper clipping relating to events in the Portland magistrate’s court was part of your files on him”. …

Senator SHACHT – “It does seem odd if someone is collecting files. … It seems that someone thinks that is a useful thing to keep in a file that maybe at some stage can be used against him”.

Senator CARR – “Mr Ward, we have been through this before in regard to the intelligence networks that Telstra has established. Do you use your internal intelligence networks in these CoT cases?”

The most alarming situation regarding the intelligence networks that Telstra has established in Australia is who within the Telstra Corporation has the correct expertise i.e. government clearance to be able to impartially filter the raw information collected before that information is catalogued for future use?  More importantly, when Telstra was fully privatised, which organisation in Australia was given the charter to archive this very sensitive material?

PLEASE NOTE: At the time of my altercation referred to in the above 24 June 1997 Hansard my bankers had already lost patience and had sent the Sheriff to make sure I stayed on my knees. No punches were thrown by me during this altercation with the Sheriff who was about to remove catering equipment from my property, which I needed to keep trading. I actually placed a judo hold ‘Full Nelson’ on this man and walked him out of my office. All charges were dropped by the Magistrates Court on appeal when it became obvious there were two sides to this story.

there were two sides to this story.

Absent Justice - Australian Senate

Hiding documents from the COT Cases 

A covert arrangement entered into by the first administrator of our arbitrations (see TIO Evidence File No 3-A) was with the very corporation that had already set up with their lawyers (see Senate page 5169 SENATE official Hansard – Parliament of Australia the “COT Case Strategy” which spuriously advised Telstra how to conceal relevant technical documents from the first four COT Cases under Legal Professional Privileged even though the documents were not privileged. My name Alan Smith and the name of my business the Cape Bridgewater Holiday Camp was one of the four cases that had been singled out by Telstra's lawyers Freehill Hollingdale & Page (see TIO Evidence File No 3-A) that had to be stopped from receiving their requested documents.

These were the same lawyers who not only drafted the COT Case Strategy (see Prologue Evidence File 1-A to 1-C) but had also covertly drafted the arbitration agreement which was later used during the first four government-endorsed arbitrations (see exhibit 48-B in Open Letter File No/48-A to 48-D)

Even worse as shown on the Home page, before this COT Case Strategy came into play Telstra had refused to investigate my ongoing telephone problems unless I first registered them in writing with this same legal firm.  This continual writing up of individual and ongoing telephone faults, to these lawyers, in order to have Telstra investigate them almost, sent me insane. Instead of keeping this evidence, I was providing it to Telstra, believing this would assist them in locating the problems I was experiencing. I was unaware I would later need this evidence for an arbitration process set up by the Australian government. This arbitration process meant I had to retrieve back, from Telstra and AUSTEL under Freedom of Information, the very same documentation I had previously provided them. Imagine the frustration of knowing that you had provided the evidence supporting your case but it was now being withheld from you. If this wasn’t soul-destroying enough, imagine learning that lawyer Denise McBurnie, with who you were being forced to register your phone complaints, devised a legal paper titled “COT Case Strategy” (see Prologue Evidence File 1-A to 1-C. instructing their client Telstra on how to conceal this same type of technical information under the guise of Legal Professional Privilege even though the information was not privileged.

Even worse, another Alan Smith who used to live in Discovery Bay, on the other of Cape Bridgewater like me before and leading up to my arbitration, had been battling Telstra over many months receiving legal letters from a leading Victoria (Warrnamboollaw firm) acting for a financial debt collector issuing summons (two I still have) for non-paid Telstra accounts. Freehills Hollingdale & Page fax identification stamp is visible on these documents. This is the same Alan Smith who later informed me of regularly receiving my arbitration-related documents from Telstra. Had Dr Hughes investigated my claims of lost faxes and road mail deliveries, that investigation might well have uncovered Telstra's arbitration defence unit Freehills mistakenly sent some of my arbitration material to this Alan Smith. I use the word mistakenly because I have no proof it was a deliberate part of Telstra's COT Cases strategy to 'stop me at all costs' from proving my claim.

To add further insult to these injustices, on 12 September 1994, as part of the arbitration process, I was obliged to meet with Telstra’s consulting forensic psychologist in Portland’s Richmond Hotel so he could analyse my mental health as part of Telstra’s defence of my arbitration claims. I found the process of being interviewed by a psychologist, in the saloon bar of the local hotel, shockingly uncomfortable and embarrassing, especially when he kept spreading out different cards on the table as part of this clinical, forensic testing process.

I reiterate as I have already explained on   one of the most important issues I raised with this psychologist was the trauma I suffered at the hands of this legal firm that ohired him. He appeared to listen carefully to what I described and he said being directed to register phone complaints, in writing, with Telstra’s lawyer, before they would be investigated, was most disturbing. I provided confirmation that losing six incoming calls in a single day was common. Writing to a lawyer, explaining lost six telephone calls, was more than just soul-destroying, it just about broke my willpower to carry on. He said he was shocked Telstra and its legal firm forced this on me and agreed this would certainly affect my mental state over the many months I had to do this.

However, when this legal firm, which the government assured us would not be used in our arbitrations (see point 40 Prologue Evidence File No/2), provided this clinical psychologist’s witness statement to the arbitrator, it was only signed by a lawyer from this legal firm. It bore no signature of the psychologist and didn’t contain his concerns regarding me having to first contact this legal firm, in writing, before Telstra would address my telephone problems. 

The most alarming points about this unsigned witness statement are:

  1. Before the psychologist met with me, Telstra’s lawyers provided him with a copy of the Cape Bridgewater Bell Canada International (BCI) addendum report stating 13,590 test calls were carried out, over a five-day period, routed through to the Cape Bridgewater RCM unmanned switching exchange, using the TEKELEC CCS7 monitoring equipment. This report stated the test calls had a 99.8 per cent success rate.
  2. Neither the psychologist nor the arbitrator was told tests through the Cape Bridgewater RCM switching exchange was impracticable: the nearest exchange that could accommodate the TELELEC CCS7 equipment was the Warrnambool exchange, 120 kilometres from Cape Bridgewater (see Evidence / Telstra's Falsified BCI Report)

Had the psychologist known the 13,590 test calls, allegedly carried out by BCI, could not terminate through the TEKELEC CCS7 monitoring system at Cape Bridgewater, his assessment of my mental state would have been somewhat different. He, too, might have been distressed if he had been aware Telstra misled and deceived him prior to him assessing my mental state.

I found the process of being interviewed by a forensic psychologist, in the saloon bar of the local hotel, shockingly uncomfortable and embarrassing, especially when he kept spreading out different cards on the table as part of this clinical, forensic testing process. Was this his idea to unstabilize me during my arbitration or the company that had hired him? However, when this legal firm, which the government assured us would not be used in our arbitrations (see point 40 Prologue Evidence File No/2), provided this clinical psychologist’s witness statement to the arbitrator, it was only signed by this legal firm. It bore no signature of the psychologist.

On 21 March 1997, twenty-two months after the conclusion of my arbitration, John Pinnock, (the second appointed administrator to my arbitration), wrote to Telstra's Ted Benjamin (see File 596 AS-CAV Exhibits 589 to 647) asking: 

1...any explanation for the apparent discrepancy in the attestation of the witness statement of Ian Joblin [clinical psychologist’s].

2...were there any changes made to the Joblin statement originally sent to Dr Hughes [the arbitrator] compared to the signed statement?" 

I have never seen a copy of the advice that John Pinnock was officially entitled to receive from Telstra regarding this unsigned arbitration witness statement.

Absent Justice Ebook

Read Alan’s new book
‘Absent Justice’

In Alan Smith’s new 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!! Order Now

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

“…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

“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

“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

“…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

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

– Edmund Burke