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Absent Justice Book 2

 

INTRODUCTION 

Welcome to Absent Justice!

Prior to commencing the reading of Absent Justice Book 2, it is imperative to first peruse the Introduction to Absent Justice Book 2. This introductory text provides insight into the corrupt arbitration system in Australia, which is essential to understanding how the system acts against claimants. After reviewing the introduction, one may be left contemplating which party, among the arbitrator, arbitration administrator, legal counsel, or other known forces, concealed the most pertinent information from the arbitration process. This concealment was carried out with the aim of minimizing Telstra's liability, but it proved detrimental to the claimants in arbitration. We strongly recommend that you do not overlook this critical background information. Take time to examine the Introduction to Absent Justice Book 2 before proceeding with this true, compelling story.

 

Exposing the Truth.

Chapter 1 Fraudulent Conduct Falsified Reporting

It is imperative to acknowledge the absence of crucial evidence during the arbitration process that would have been beneficial to all parties involved. AUSTEL, the government communications authority, conducted a comprehensive investigation into my registered complaints against Telstra dating back to 1988. AUSTEL's review of Telstra's response and working notes led to the conclusion that my claims were valid and beyond reproach. Notably, AUSTEL documented on multiple occasions between AUSTEL’s Adverse Findings at points 2 and 212 that my persistence over an extended period not only exposed the poor service supplied by Telstra but also benefited many other Telstra subscribers who were also having the same ongoing telephone problems. Regrettably, the arbitrator and arbitration project manager did not present AUSTEL’s Adverse Findings to all parties involved. It was crucial to ensure that all parties had access to all pertinent evidence during my arbitration to ensure a just and equitable outcome.

On 9 December 1993, the Hon David Hawker MP wrote to congratulate me for my “persistence to bring about improvements to Telecom’s country services. I regret that it was at such a high personal cost.” (See Arbitrator File No/82)

This was very affirming, as was another letter dated 9 December 1993 and copied to me from the Hon David Beddall MP, Minister for Communications, in the Labor government, who wrote:

“Let me say that the Government is most concerned at allegations that Telecom has not been maintaining telecommunications service quality at appropriate levels. I accept that in a number of cases, including Mr Smith’s there has been great personal and financial distress. This is of great concern to me and a full investigation of the facts is clearly warranted.” (Arbitrator File No/82)

At point 5.3 (d, c and d) in the arbitrator's findings of 11 May 1995, he notes:

(d)    ”I note the AUSTEL report commented on Telecom’s deficient fault recording practices. Specifically it was stated that Telecom lacked a system capable of recording reports of recurring faults once a fault had already been reported and was awaiting clearance. This meant the full extent of a fault experienced by a particular customer would not be recorded.”

(e)     "In this context, the claimant’s diaries assume a particular significance. Telecom emphasised in its Principal Submission that diaries were lacking for the period 1988-1990 and hence “the magnitude of fault complaints reported by the Claimant is unsubstantiated”. It further points to the fact that for the period June 1988 to August 1991, only the claimant had a “significant level of fault complaints” amongst the customers then connected to Cape Bridgewater telephone exchange. Telecom concluded that the claimant’s claim must be exaggerated because “it is virtually impossible the faults at the exchange or at other exchanges could affect the claimant only, and not other subscribers as well”

(f)    "In this context, I have considered, and have no grounds to reject, the expert evidence provided by Telecom from Neil William Holland Forensic Document Examiner, who examined the claimants diaries and because of numerous instances of non-chronological entries, thereby casting doubt on their veracity and reliability. This is a factor which I have taken into account although I do not accept Telecom’s conclusion that no evidence at all should be placed upon the diaries in support of the claimants assertions."    

Had the arbitrator Dr Gordon Hughes placed AUSTEL’s Adverse Findings into evidence so all parties could have read AUSTEL's findings against Telstra, he could not have made the statements he did concerning Telecom's assertions that other subscribers trunked through the Cape Bridgewater telephone exchange did not suffer the phone complaints that AUSTEL’s Adverse Findings show they did suffer.
What has not been revealed in Dr Hughes's findings are the ongoing threats I had received from Telstra during the arbitration or the findings by the Australian Federal Police (Australian Federal Police Investigation File No/1), that Telstra had been listening in to my telephone conversations for quite some time.
It was the Australian Federal Police, after I alerted them in February 1994, that I had lost my two central camp diaries from 1988 to 1990, which had just disappeared. My yearly handwritten notebooks were records of all incoming inquiries and my logged phone complaints. It was common knowledge within AUSTEL and amongst other COT Cases that several COTs, including me, had been suffering PTS for years trying to run a telephone-dependent business without a reliable telephone. 
In late 1993, I confronted an intruder on my property in the middle of the night, and the local Portland police followed up on my confrontation with this intruder and found his story did not match what he had told me. I reported this to the AFP in February 1994 when they began investigating Telstra's unauthorised interception of my telephone and facsimiles. Melanie Cochrane of the AFP suggested that I record all of the content of my daily notebooks into my hard-copy diaries so that I have two sets of records. 
Melanie Cochrane, in the company of Superintendant Detective Sergeant Jeff Pemrose (AFP), also stated that Telstra had been documenting the names of various single club patrons on internal memos and could only have acquired that knowledge from intercepting my telephone and facsimiles of their names and addresses in my yearly handwritten notebooks should not be provided to Telstra and the assessor hearing my settlement/arbitration while the AFP was still investigating my claims.   
I followed that advice by adding my handwritten yearly notebook statements between 1990 and 1994 to my complex daily diaries for the same period.
In simple terms, the statement by Neil William Holland, Forensic Document Examiner, was correct because many bookings or complaints that came in late or were faul reports, which I added sometimes a week or more later over indented the writing of the previous page or even three pages when final confirmation for that booking or fault response for my phone fault was received.
It was AUSTEL (now ACMA) who demanded Telstra stop their pressure tactics being used against me when I was forced to report all of my phone faults in writing to Telstra's lawyer Denise McBurnie of Freehill Hollingdale and Page, who sometimes took more than a week to respond to my phone and faxing problems.
Of course, my fault recording and booking records were all over the place because even those patrons trying to make a booking had to be entered in my diaries days after the even was confirmed.  
Chapter 1
Chapter 1
Learn about government corruption and the dirty deeds used by the government to cover up these horrendous injustices committed against 16 Australian citizens
Chapter 2
Chapter 2
Betrayal deceit disinformation duplicity falsehood fraud hypocrisy lying mendacity treachery and trickery. This sums up the COT government endorsed arbitrations.
Chapter 3
Chapter 3
Ending bribery corruption means holding the powerful to account and closing down the systems that allows bribery, illicit financial flows, money laundering, and the enablers of corruption to thrive.
Chapter 4
Chapter 4

Learn about government corruption and the dirty deeds used by the government to cover up these horrendous injustices committed against 16 Australian citizens. Government corruption within the public service affected most if not all of the COT arbitrations. 

Chapter 5
Chapter 5
Corruption is contagious and does not respect sectoral boundaries. Corruption involves duplicity and reduces levels of morality and trust.
Chapter 6
Chapter 6
Anti-corruption policies need to be used in anti-corruption reforms and strategy. Corruption metrics and corruption risk assessment is good governance
Chapter 7
Chapter 7

Bribery and Corruption happens in the shadows, often with the help of professional enablers such as bankers, lawyers, accountants and real estate agents, opaque financial systems and anonymous shell companies that allow corruption schemes to flourish and the corrupt to launder their wealth.

Chapter 8
Chapter 8
Corrupt practices in government and the results of those corrupt practices become problematic enough – but when that corruption becomes systemic in more than one operation, it becomes cancer that endangers the welfare of the world's democracy.
Chapter 9
Chapter 9

Corruption in government, including non-government self-regulators, undermines the credibility of that government. It erodes the trust of its citizens who are left without guidance are the feel of purpose. Bribery and Corruption is cancer that destroys economic growth and prosperity. 

Chapter 10
Chapter 10

The horrendous, unaddressed crimes perpetrated against the COT Cases during government-endorsed arbitrations administered by the Telecommunication Industry Ombudsman have never been investigated. 

Chapter 11
Chapter 11

This type of skulduggery is treachery, a Judas kiss with dirty dealing and betrayal. This is dirty pool and crookedness and dishonest. This conduct fester’s corruption. It is as bad, if not worse than double-dealing and cheating those who trust you.&a

Chapter 12
Chapter 12
Absentjustice.com - the website that triggered the deeper exploration into the world of political corruption, it stands shoulder to shoulder with any true crime story.
Summary of Events
Summary of Events

Read about the corruption within the government bureaucracy that plagued the COT arbitrations. Learn who committed these horrendous crimes and where they sit in Australia’s Establishment and the legal system that allowed these injustices to occur.

 

Bribery and Corruption My Story Warts & All
Bribery and Corruption My Story Warts & All

The website that triggered the deeper exploration into the world of political corruption stands shoulder to shoulder with any true crime

 

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How can one publish a true account of what happened during various Australian Government-endorsed arbitrations without attaching exhibits to support the facts, as we have been forced to do due to the rampant corruption within the government bureaucracy? How can the author prove that government public servants fed privileged information to the then Australian Government-owned telecommunications carrier (the defendants) but also concealed the same documentation from the claimants, their fellow Australian citizens?

Additionally, how can one tell a story so unbelievable that even the author doubts the authenticity of what they are writing until they check their records before continuing with the story? How can one expose collusion between an arbitrator, various appointed government watchdogs (umpire), and the defendants? How can one also expose that the defendants in an arbitration process (the once government-owned telecommunications carrier) used equipment connected to their network to screen faxed material leaving your office? 

Moreover, how can one expose that the defendant's advisors stored the screened material without the author's knowledge or consent before redirecting it to its intended destination, where, in some cases, the more relevant information was never forwarded? The defendants (the Telstra Corporation) were using this screened material to benefit their arbitration defence to the detriment of the claimants.

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“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

“…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

“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

Were you denied justice in arbitration?

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