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Chapter Four Distorted and unlawful.


Tampering with evidence, or evidence tampering, is an act in which a person alters, conceals, falsifies, or destroys evidence with the intent to interfere with an investigation (usually) by a law-enforcement, governmental, or regulatory authority. It is a criminal offense in many jurisdictions

If tampering with evidence submitted after it had been provided to the Arbitration Process for assessment  i.e.: introducing a foreign substance into equipment after it left my premises, and the submitting this falsified evidence to an Arbitrator in an official Arbitration Process conducted under the Arbitration Act (Victoria) 1984 is not committing a crime, then what is? 

Tampering with evidence after it has been provided, by a claimant to an arbitration process, and rendering that evidence into a different format has as to be possibly the worst crime a defendant (in this case Telstra) can commit during a legal arbitration process. Why, when this evidence was provided to Telecommunications Industry Ombudsman John Pinnock, TIO counsel chair The Hon Tony Staley, Telstra board chair David Hoare and Telstra CEO Ziggy Switkowski, was it not investigated in May 1998? Telstra’s own internal investigations uncovered this unlawful conduct. Mr Ziggy Switkowski  AO has since been awarded the Order of Australia even though he has sat on this crime for more than 18 years.

Why didn’t the Telstra board remove this tampered-with evidence from their arbitration defence of my claims when their internal investigation unit clarified Telstra had indeed acted outside of the law by tampering with this evidence and concocting a false report on this issue? Just as importantly, why hasn’t the current board, who are also aware their own findings found my claims to be correct, not advised the government they have a moral as well as a legal obligation to rectify these wrongs?

To be continued...

The matters discussed on this website absentjustice.com are said according to my interpretation of the 

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Download Attachments

Tampering With Evidence File No 1-A to 1-C
Tampering With Evidence File No 2
Tampering With Evidence File No 3
Tampering With Evidence File No 4
Tampering With Evidence File No 5
Tampering With Evidence File No 6
Tampering With Evidence File No 7
Tampering With Evidence File No 8-A to 8-C
Tampering With Evidence File No 9
Tampering With Evidence File No/10
Tampering With Evidence File 11-A to 11-B
Tampering With Evidence File No/12-A to 12-E
"...I believe that it should be pointed out to Coopers & Lybrand that unless this report is withdrawn and revised their future in relation to Telecom may be irreparably damaged."
Tampering With Evidence File No 13
Tampering With Evidence File No 14
AXE Faulty Equipment

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Absent Justice - My Story - Senator Ron Boswell

Telstra threats carried out. 

Page 180 ERC&A, from the official Australian Senate Hansard dated November 29, 1994, details Senator Ron Boswell's inquiry to Telstra's legal directorate regarding withholding my 'Freedom of Information' documents during arbitration. This issue arose from my assistance to the AFP in their investigations into Telstra's interception of my telephone conversations and related faxes. Notably, forty-three arbitration-related claim documents faxed to the arbitrator never arrived, as indicated in his arbitration document schedule. This alarming event, which has not undergone a transparent investigation as of June 1994, demands attention.

“Why did Telecom advise the Commonwealth Ombudsman that Telecom withheld FOI documents from Alan Smith because Alan Smith provided Telecom FOI documents to the Australian Federal Police during their investigation?”

After receiving a hollow response from Telstra, which the senator, the AFP and I all knew was utterly false, the senator states:

“…Why would Telecom withhold vital documents from the AFP? Also, why would Telecom penalise COT members for providing documents to the AFP which substantiate that Telecom had conducted unauthorised interceptions of COT members’ communications and subsequently dealt in the intercepted information by providing that information to Telecom’s external legal advisers and others?” Senate Evidence File No 31)

As mentioned on this website, the threats against me during the arbitration proceedings have materialized, and the deliberate withholding of crucial documents is deeply troubling. Unfortunately, neither the Telecommunications Industry Ombudsman (TIO) nor the government has taken steps to investigate the harmful effects of this misconduct on my overall case presented to the arbitrator. Despite my cooperation with the Australian Federal Police (AFP) in their inquiry into the illegal interception of phone conversations and faxes related to the arbitration, I still await their assistance.

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“…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

“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

“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.”

Hon David Hawker

“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

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