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Chapter Five - Collusion at its worst

Absent Justice -  Cape Bridgewater Holiday Camp and Residence

As has been shown in our Prologue Chapter One page there is more to this DMR Inc Canada technical reporting issue that the TIO and arbitrator wants to acknowledge.

On 11 October and 16 November 1994 AUSTEL wrote to the Telstra arbitration liaison officer under the heading Service Verification Test Issues, outlining their concerns regarding the deficiencies in the testing process conducted at the Cape Bridgewater Holiday Camp (see Main Evidence File No/2). Telstra’s CCAS data for the day (29 September 1994) testing took place at my premises confirms that not one of the incoming tests connected to any of my three business lines met the regulator’s mandatory requirements.

Even though I advised Dr Hughes, between 2 October 1994 and 15 February 1995, that Telstra’s unsupervised SVT process at my premises was grossly deficient, he ignored my letters and the evidence attached to them as Chapters Three to Five in our Prologue page shows. Despite my pleas, and my technical consultant George Close’s evidence showing my business was suffering from a 49 per cent unavailable service on one phone line and a 52 per cent failure rate on the other, Dr Hughes still disallowed his technical consultants the time they required to investigate these still unaddressed faults (see  Introduction File No/4-D).

Letters from AUSTEL to Telstra, prior to the SVT process, alerted Telstra that testing equipment set up at the local exchange and routed through to my business caused even more problems to my business (see Introduction File No/4-F), and yet they used the same equipment for their SVT process.

At point 212, in AUSTEL’s Adverse Findings they note:

“In view of the continuing nature of the fault reports and the level of testing undertaken by Telecom doubts are raised on the capability of the testing regime to locate the causes of faults being reported.”

No one, to date, has investigated why Warwick Smith (the administrator to my arbitration) did not ensure my rights, as a claimant, were protected when the defendant was allowed to perform its own arbitration Service Verification Testing on all of my three service lines.

At point 27 in one of Telstra’s arbitration witness statements (see False Witness Statement File No 13-A), this Telstra witness officially advised the arbitrator “The standard of service provided to Mr Smith was entirely consistent to be a very good level of service provided to other rural customers.”

This point 27 statement does NOT match the government communications regulatory own covert findings on their investigation into my complaints as AUSTEL’s Adverse Findings show (see above)

Just as important is, why did the arbitrator, Dr Hughes, allow the most important technical issue in the whole COT arbitration process – the testing of the COT cases’ business service lines (the very reason for the arbitration process in the first place) – to be conducted, unsupervised, by the defendant, who was technically on trial for not providing the claimants with service fit for purpose? Was covering up Telstra’s ailing copper-wire network more important than the businesses and lives of those who originally dared challenge the system on behalf of all Australians?

It was not AUSTEL’s intent to have the COT Cases to again duped as they were prior to their first settlement processes with Telstra. In my case, it was what I found in a briefcase inadvertently left at my premises by a Telstra employee that prompted AUSTEL to ensure that all of the COT Cases phone problems had been fixed before the arbitrator and/or assessor made their final judgement – hence the SVT testing regime.

While we are not glorifying Juliana Assange in our Hacking Julian Assange as an Australian national hero to the free world, it that he and his young friends played a very important part in the COT four arbitrations. The profile of these youths fit the profile of Julian Assange and the hackers mentioned in a number of editorials.  We have discussed this hacking issue because if it was was not Julian Assange and his young friends who contacted COT spokesperson, then someone else in Melbourne Australia decided to expose what they did, and as it turned out (see introduction-to-absent-justice-part-1-2-and-3/ brief summary part 1 and brief summary part 2, Australian Federal Police Investigations, Tampering With Evidence and the My Story Evidence File No 14 (Destruction of Evidence) Telstra and a number of their employees did pervert the course of justice during the COT arbitrations just as the three young hackers advised Graham Schorer was happening. Therefore, it was important we raise the Julian Assange issue here because of the serious nature of what these hackers saw as an injustice against fellow Australian citizens.

The legal research paper Conceptualising the Australian Telecommunications Industry Self-Regulation Scheme in the Context of Australian Judicial System and Administrative Justice shows there are other Australian citizens, not just the COT cases, who see loopholes in the justice given out by some of the Telecommunication Industry Ombudsman staff. In many cases, these ombudsmen have not even been judges and yet the Australian Establishment gives them the right to decide legal issues, which have – in many cases, as our story shows – ruined the lives of the complainants. These factors were revealed to numerous senators and government ministers alike.

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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 linked in the text.

Clicking on these links with your cursor will automatically open a PDF of the exhibit/evidence that a crime was committed. Using this method and following the various file numbers discussed in our various pages, you will verify our story. 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 the way we have is possibly a world first.

ABSENT JUSTICE HAS IT ALL.

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“…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

“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

“…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

“…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

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

– Edmund Burke