Legal Bullying In Arbitration

 

British Seaman’s Record R744269 -  Open Letter to PM File No 1 Alan Smith's Seaman. 

 

In Chapter 7- Vietnam-Vietcong-2, I delve into the unsettling revelations captured in the Senate Hansard from September 7, 1967. During that session, the Honourable Dr. Rex Patterson, a Labour Party member representing Dawson in Queensland, posed an alarmingly pointed inquiry to the Australian government. He sought assurance that Australian wheat being sent to mainland China was not being funnelled to North Vietnam, an implication that carries dark undertones. This raises a chilling question: was the Liberal-Country Party Coalition government blind in their ambition, utterly indifferent to the fact that Australian wheat could be feeding soldiers fighting against our own troops in the oppressive jungles of North Vietnam?

 The government’s cold disregard for the returned Vietnam soldiers—shamed, discarded, and silenced by a toxic blend of ignorance and guilt—casts a long shadow over our nation. Even with the passage of time, the memories remain disturbingly vivid as I embark on writing my autobiography as a Ship's Cook and Steward. My sea voyage aboard the Hopepeak, laden with dark memories and bitter truths, plays a crucial role in this narrative. My journey through various catering establishments, coupled with the lessons learned during my 26 years at sea, has propelled me to act, driven by a haunting desire to support children in need, which is why I acquired my cherished Cape Bridgewater Holiday Camp, the very centre of this Telstra government-endorsed arbitration Casulaties of Telstra story. 

As I revisit my autobiography, now in the hands of editors and expected to be available online as an ebook by October 2025, I find myself grappling with the convoluted and tragic details that make up this story. Each page stirs a rising tide of anxiety within me. As an octogenarian, I am left to ponder the sinister politics of the Liberal-Country National Government that still leave a sour taste. How could these Australian politicians so callously declare that lives lost in Vietnam were mere collateral damage while prioritising the profits of wheat sales to China? This dispassionate calculation mirrors the actions of the John Howard government, which assisted only five of the litmus test COT Cases while abandoning the remaining sixteen to battle the government-owned Telstra Corporation in court, a betrayal wrapped tightly in a cloak of greed and negligence.

The chilling atrocities committed against their own citizens by the Chinese Red Guards continue to haunt me, lingering in my mind like a dark shadow, even more so than my desperate escape from their gunfire. At the same time, I found myself wrongfully accused of espionage, a label that felt like a noose tightening around my neck. This harrowing chapter in history stands as a haunting stain on humanity, gnawing at my conscience with each passing day. It was not merely the terrifying experience of being forced to march up and down the wharf under the watchful eyes of armed guards, nor the sheer panic of fighting against the guards to avoid a potentially deadly injection with a non-sterile needle that haunted me. Instead, what haunts me is the horrific image of a Chinese nurse, her once beautiful smile marred by blood smeared across her face from a Red Guard baton used to splatter her nose, a mix of fear and defiance in her expression. This chilling vision invaded my dreams for many years after, replaying repeatedly, serving as a stark reminder of the inhumanity I witnessed.

Among the documents I retrieved from Telstra under FOI during my government-endorsed arbitration, I found one particularly alarming file that I later shared with the Australian Federal Police. This document contains a record of my phone conversation with Malcolm Fraser, the former Prime Minister of Australia. To my dismay, this Telstra file had undergone redaction. Despite the Commonwealth Ombudsman’s insistence that I should have received this critical information under the Freedom of Information Act, File 20 → AS-CAV Exhibit 1 to 47, the document and hundreds of other requested FOI documents remain withheld from me as of 2025.

What information was removed from the Malcolm Fraser FOI released document 

The AFP believed Telstra was deleting evidence at my expense 

During my first meetings with the AFP, I provided Superintendent Detective Sergeant Jeff Penrose with two Australian newspaper articles concerning two separate telephone conversations with The Hon. Malcolm Fraser, a former Prime Minister of Australia. Mr Fraser reported to the media only what he thought was necessary concerning our telephone conversation, as recorded below:

“FORMER prime minister Malcolm Fraser yesterday demanded Telecom explain why his name appears in a restricted internal memo.

“Mr Fraser’s request follows the release of a damning government report this week which criticised Telecom for recording conversations without customer permission.

“Mr Fraser said Mr Alan Smith, of the Cape Bridgewater Holiday Camp near Portland, phoned him early last year seeking advice on a long-running dispute with Telecom which Mr Fraser could not help.” 

During the second interview conducted by the Australian Federal Police (AFP) at my business on 26 September 1994, I provided comprehensive responses to 93 questions about unauthorised surveillance and the threats I encountered from Telstra. The Australian Federal Police Investigation File No/1 includes detailed transcripts of this interview, which extensively address the threats issued by Telstra's arbitration liaison officer, Paul Rumble, and the unlawful interception of my telecommunications and arbitration-related faxes.