Transparency International is a nonprofit and non-governmental organization based in Berlin that takes action to combat global corruption with civil societal anti-corruption measures and to prevent criminal activities arising from corruption1. The organization defines corruption as ‘the abuse of entrusted power for private gain’2. Transparency International calls on governments to prioritise anti-corruption commitments, reinforcing checks and balances, upholding rights to information and limiting private influence to finally rid the world of corruption – and the violence it brings3. The organization publishes the Global Corruption Barometer and the Corruption Perceptions Index14
Government Corruption and its many corrupt activities, including bribery, embezzlement, and abuse of power, have begun to permeate many courts and justice institutions worldwide. In jurisdictions where such corruption is commonplace, marginalized and vulnerable populations often find themselves with limited access to justice. Meanwhile, those who are wealthy and powerful exploit and manipulate entire justice systems for their benefit, often at the expense of the public good and fair legal processes, as I have shown below in both Chapter 7-Vietnam Vietcong and the Australia–East Timor spying scandal.
Interestingly, countries that consistently rank high on the Corruption Perceptions Index (CPI) are grappling with their own unique challenges related to impunity, even if their CPI scores do not indicate serious problems. Many cross-border corruption cases have involved companies based in these top-scoring nations, which resort to bribery and unethical practices when operating in foreign markets. Additionally, the involvement of various professionals—such as lawyers and accountants—who aid in maintaining secrecy during kangaroo court-style arbitration and mediation processes, which are being ignored in Australia by the Institute of Arbitrators and Mediators, Australia (ACMA).
The conduct observed during several government-endorsed arbitration and mediation processes in Australia has raised significant concerns regarding their fairness and integrity. A comprehensive investigation must be undertaken to thoroughly assess the Institute of Arbitrators and Mediators Australia (IAMA) 's procedures for addressing misconduct among its members. Additionally, this scrutiny should encompass arbitration proceedings across Australia, as these proceedings substantially influence the rights and interests of the parties involved.
Moreover, the analysis presented in "Chapter 11 - The eleventh remedy pursued" underscores a critical deficiency within the IAMA: the absence of a systematic and coherent framework for investigating allegations of gross misconduct by its members. This lack of accountability is particularly troubling in cases wherein citizens file claims against government-owned corporations or engage in arbitration and mediation processes sanctioned by government entities.
The failure to establish an adequate protocol for addressing these serious concerns significantly undermines the credibility of the IAMA. It is evident that the IAMA has not fulfilled its core obligations, as multiple instances of cross-misconduct were raised on three separate occasions between 1996 and 2009, yet no findings have emerged. This situation represents a significant risk to Australia's future arbitration system's effectiveness and reliability.
Introduction 1
The COTs never had a chance.
“There are regular reports from the TIO on the progress of the CoT claims.”
Senate Hansard information dated 26th September, 1997 (GS-CAV Exhibit 89 to 154(b) - See GS-CAV 124-B) confirms that:-
Ted Benjamin, Telstra’s principal arbitration defence liaison officer in Graham and Alan’s arbitrations, was also a member of the TIO Council and
During a Senate hearing into COT issues, the then-new TIO, John Pinnock, agreed that Mr Benjamin had not removed himself from council discussions of COT matters:-
Senator SCHACHT – “Mr Benjamin, you may think that you have drawn the short straw in Telstra, because you have been designated to handle the CoT cases and so on. Are you also a member of the TIO Board?”
Mr Benjamin – “I am a member of the TIO council.”
Senator SCHACHT – “Were any CoT complaints or issues discussed at the council while you were present?”
Mr Benjamin – “There are regular reports from the TIO on the progress of the CoT claims.”
Senator SCHACHT – “Did the council make any decision about CoT cases or express any opinion?”
Mr Benjamin – “I might be assisted by Mr Pinnock.”
Mr Pinnock – “Yes.”
Senator SCHACHT – “Did it? Mr Benjamin, did you declare your potential conflict of interest at the council meeting, given that as a Telstra employee you were dealing with CoT cases?”
Mr Benjamin – “My involvement in CoT cases, I believe, was known to the TIO council.”
Senator SCHACHT – “No, did you declare your interest?”
Mr Benjamin – “There was no formal declaration, but my involvement was known to the other members of the council.”
Senator SCHACHT – “You did not put it on the record at the council meeting that you were dealing specifically with CoT cases and trying to beat them down in their complaints, or reduce their position; is that correct?”
Mr Benjamin – “I did not make a formal declaration to the TIO.”
Ted Benjamin, as a TIO Council officer, would have a good idea from the TIO meetings on how far advanced each of the COT arbitrations was and what the arbitrator was discussing with the TIO (who was also the administrator to the arbitrations) on when each claimant my further advance his claim knowing this inside information assisted Mr Benjamin when to release requested FOI documents to each of the claimants and when to hold back any relevant document that could jeopardise Telstra's defence.
On May 24, 1995, two weeks after the arbitrator's deliberation on my claim, Ted Benjamin, an executive at Telstra, issued a set of documents related to my Freedom of Information (FOI) request I originally submitted in May 1994. In his communication, he stated:
"Further documents have recently come to light that fall within your FOI request from 1994. Copies of these documents are enclosed. At this time, a table has not been prepared to provide decisions regarding these documents, as Telecom considered it more important for you to receive the copies now." (See Arbitrator File No/54)
Three specific FOI documents—folios N00005, N00006, and N00037—were released. These documents, which are also discussed throughout this website, provide clear evidence that Telstra was already aware of the fundamental flaws in the Cape Bridgewater/BCI tests before submitting its defence in the arbitration process.
Additionally, it's important to note that Ted Benjamin, Telstra’s principal arbitration liaison officer and a TIO Council member, allowed this FOI release to occur ten months late. Given these dual roles, concerns arise about his responsibilities. Shouldn’t he have ensured that claimants received the requested documents promptly, especially during a TIO-administered arbitration where transparency is crucial? The late release of these critical FOI documents is troubling and directly relates to ongoing issues concerning the integrity of the arbitration process.
It was grossly unethical for Warwick Smith to allow this to happen, and it was just one more nail in each of the COT cases' coffins.
Also, on 26 September 1997, Telecommunications Industry Ombudsman John Pinnock formally addressed the Senate estimates committee refer to page 99 COMMONWEALTH OF AUSTRALIA - Parliament of Australia and Prologue Evidence File No 22-D). He noted:
“In the process leading up to the development of the arbitration procedures – the claimants were told clearly that documents were to be made available to them under the FOI Act.
“Firstly, and perhaps most significantly, the arbitrator had no control over that process, because it was a process conducted entirely outside the ambit of the arbitration procedures.”
There is no amendment attached to any agreement, signed by the first four COT members, allowing the arbitrator to conduct those particular arbitrations entirely outside the ambit of the arbitration procedure – and neither was it stated that he would have no control over the process once we had signed those individual agreements. How can the arbitrator and TIO continue to hide under a confidentiality clause in our arbitration agreement when that agreement did not mention that the arbitrator would have no control because the arbitration would be conducted entirely outside the agreed ambit of the arbitration procedure?
Who Paid Grant Campbell?
This TIO document dated 10 January 1994 (AS 542-A) confirms that Grant Campbell was handling my related FTSP and (Ferrier Hodgson Corporate Advisory) the TIO-appointed Resource Unit correspondence to Telstra on behalf of the TIO.
I was never informed before his arbitration that Grant Campbell had been seconded from Telstra or that he had defected back to Telstra within twelve months. The following exhibits confirm that an unhealthy relationship between the TIO office and Telstra certainly existed during the arbitration period.
Interestingly, the 1993/94 TIO Annual Report does not list Mr Campbell as having worked for the TIO office, even though Mr Campbell held a senior managerial position with the TIO office. Please consider the following points:
- TIO documents dated 9 February 1994 confirm that Grant Campbell was signing letters on behalf of Warwick Smith, particularly regarding the fax billing and lock-up complaints included in my FTSP claims.
- Telstra FOI documents H00027 H36279, and H36280 confirm that, in January and February 1995, Grant Campbell and Ted Benjamin were addressing the same types of 008/1800 billing issues on behalf of Telstra’s Customer Response Unit. This is the same Unit that Ted Benjamin headed when he wrote to Dr Hughes on 16th December 1994 to confirm that Telstra had advised AUSTEL, in writing, that they would address my 008/1800 billing issues as part of their defence of his claim, per the arbitration agreement. I have always been concerned about Grant Campbell’s handling of my 008/1800 arbitration materials that went through the TIO’s office in 1994.
During the early stages of the COT arbitration process, the COT claimants were told that Pia Di Mattina had been seconded from Minter Ellison by the TIO to assist him in the COT Arbitration Process. Miss Di Mattina’s name, understandably, does not appear in the TIO 1993/94 employee list that is included in the 1993/94 Annual Report (the report can be supplied on request), although all the other TIO employees are listed there, it is also interesting to note that Grant Campbell’s name is not included on the employee list either, even though he dealt with a number of the billing issues during Alan Smith’s arbitration, as well as accepting part of Alan Smith’s original FTSP claim lodged with the TIO office on 27th January 1994.
This Telstra internal email FOI folio 000973 notes:
"The ex-employee’s name is Grant Campbell. Grant then worked as the Deputy Telecommunications Industry Ombudsman and then on a senior management review team".
On 9 February 1994, Mr Campbell wrote to Telstra’s Fiona Hills, under the heading Loss of Fax Capacity, noting:
"I spoke with Alan Smith on the 9 instant following our discussion on the 8 instant. He has agreed that this is a new matter and may indicate some ongoing problems, but it is not a matter that relates directly to the preparation of his material to be presented to the Assessor".(See Open Letter File No/56-B)
Mr Campbell’s statement to Fiona Hills that “He has agreed that this is a new matter” does not match the information in (AS 767-A, 768, 769, 770, 771, and AS 772-A - AS-CAV Exhibit 765-A to 789) which confirms that local (Portland) Telstra technicians were aware of the significant problems associated with the faxing capacity issue, at least as far back as October 1993. Mr Campbell’s correspondence was, therefore, clearly misleading fellow Telstra employees and, possibly, Warwick Smith about the ongoing problems. This adds even further weight to my claims that there needs to be a transparent investigation into the TIO-administered COT arbitrations.
It is fantastic enough to find that Grant Campbell was seconded from the employment of the defendants during the COT arbitrations. Still, it is even more amazing to learn that, while he was wearing his TIO hat, he was also working on 1800 problem claims lodged by another COT claimant, but, in this instance, he was wearing his Telstra hat! These two different ‘hats’ must lead directly to an understanding that no one may ever know how many claim documents the COT cases sent to the TIO’s office while Grant Campbell was wearing his TIO hat but being paid by Telstra.
Authors note:
I am currently eighty years old and have witnessed significant events in my lifetime. I was one of the four individuals known as the Casualties of Telstra, which drew critical attention to claims against Telstra between 1992 and 1995. Our efforts were pivotal in prompting thorough investigations by the New South Wales State Police and Australia’s Federal Police (AFP). These investigations unveiled an alarming level of organized crime within Telstra, which was involved in the embezzlement of millions—some estimates suggest the total could be in the billions—of dollars meant for the Australian public. Refer to pages 5166 to 5169 SENATE official Hansard – Parliament of Australia
As part of these investigations, the AFP conducted interviews with me, the three other principal members of the COT (Casualties of Telstra) group, and two additional members who later joined our cause. During this inquiry, the AFP discovered that Telstra had been unlawfully intercepting our conversations related to the COT Cases. Furthermore, they found evidence that our faxes were being screened and monitored through a secondary fax machine set up by Telstra. Among the intercepted materials were faxes from politicians, including correspondence from Parliament House, as evidenced by Open Letter File No/12 and File No/13) a fax interception report dated January 7, 1999, sent to Senator Ron Boswell.
The evidence within this report also indicated that one of my faxes sent to Federal Treasurer Peter Costello was similarly intercepted, i.e.,
Exhibit 10-C → File No/13 in the Scandrett & Associates report Pty Ltd fax interception report (refer to (Open Letter File No/12 and File No/13) confirms my letter of 2 November 1998 to the Hon Peter Costello Australia's then Federal Treasure was intercepted scanned before being redirected to his office. These intercepted documents to government officials were not isolated events, which, in my case, continued throughout my arbitration, which began on 21 April 1994 and concluded on 11 May 1995. Exhibit 10-C File No/13 shows this fax hacking continued until at least 2 November 1998, more than three years after the conclusion of my arbitration.
One of the two technical consultants attesting to the validity of this January 1999 fax interception report emailed me on 17 December 2014, stating:
“I still stand by my statutory declaration that I was able to identify that the incoming faxes provided to me for review had at some stage been received by a secondary fax machine and then retransmitted, this was done by identifying the dual time stamps on the faxes provided.” (Front Page Part One File No/14)
Our COT journey has taken a significant toll on our group, with devastating consequences. Out of the original four members known as the Casualties of Telstra, two have tragically passed away, and one other member is currently in a state of grave health. I underwent major heart surgery in November 2017, which makes me the last surviving member of this group. Though I carry the weight of my own health struggles, I am determined to fulfil the responsibility of sharing our extraordinary and often unbelievable story with the world.
The complexity of our narrative is compounded by the thousands of exhibits we gathered as evidence, necessitating the creation of two accompanying books. These books were designed to be read side by side, allowing readers to distinguish between the various crimes committed against the COT Cases by multiple actors, including public servants and regulatory agencies. The structure was carefully chosen to ensure that the multifaceted nature of our experience is clearly represented. This approach may very well be unprecedented, as it is likely the first instance of a joint eBook being produced in this way, highlighting the serious criminal behaviours that permeated the government-endorsed arbitrations conducted under the International Arbitration Act.
The framework of the Arbitration Act 1984 was intended to obscure the egregious wrongs inflicted upon the COT Cases before they signed their arbitration agreements, as well as the events that unfolded during the arbitration process itself. Tragically, it allowed many of these offences to remain hidden under the guise of confidentiality clauses embedded within the agreements. Our combined story, "absentjustice.com and Not Fit For Purpose," underscores the manipulations made to the confidentiality and arbitration agreements. These alterations effectively barred the COT Cases from seeking justice against the arbitration consultants who engaged in misconduct.
I hope to publish 'absentjustice.com and Not Fit For Purpose' in 2025. Anyone wishing to fund this project in whole or part should contact me through the Contact - Government Corruption page.
IMPORTANT: The information contained in this letter is elaborated further on the Home page under the section titled Bell Canada International Inc. This attachment has been provided to ensure that the core message remains clear and focused without any distractions from the content presented on the Home page.
I possess an original letter dated September 4, 2000, addressed to a prominent member of the Victoria Police Major Fraud Group. This individual in 200o was located at 549 St Kilda Road, Melbourne, Victoria 3004. To maintain privacy and confidentiality, I will not disclose the name of this individual in this correspondence. I am fully prepared to present this letter to either the Australian Federal Police or an authorized government official who possesses the authority to review its contents and take any necessary actions.
"I wish to advise that on 31 August 2000, the Senate agreed to the following was provided to the Major Fraud Group and attached to the transcripts of the in-camera evidence given to on 6 and 9 July 1998 in relation to the Casualties of Telstra matter be released to the Victoria Police MajorFraud Group to enable their investigations to proceed" matterI remind you that the transcripts may not be released to anyone else and their use is restricted by the law of parliamentary privilege as contained in the Parliamentary Privileges Act 1987"
The decision to share this information has been motivated by two letters I received from Alan Eggleston, the Chair of the Senate. These letters inform me of the serious implications I may face, including the potential of being charged with contempt of the Senate due to disclosing in-camera Hansard materials. It is essential to underscore that the information contained within this letter has the potential to assist in addressing issues pertinent to all twenty-one COT (Cost of Telstra) cases rather than solely benefitting the five cases that have been selected for the litmus testing. This is especially relevant given that only one of these cases has proceeded through the arbitration process.
Moreover, it is particularly troubling that Sue Laver, who serves as Telstra's current 2024 Corporate Secretary, appears to be allowed to withhold critical evidence that reveals that Telstra has misled the Senate regarding the validation of Bell Canada International Inc. (the BCI failed Cape Bridgewater tests). The fact that she faces no repercussions for her actions raises serious concerns about accountability. This situation highlights the unsettling reality that individuals in positions of authority may manipulate or obscure the truth without facing adequate consequences, mainly when they maintain connections within governmental structures. We must advocate for transparency and integrity within all organizations, ensuring accountability is upheld at every level of authority.
I am referring to two pivotal witness statements from (File 766 (AS-CAV Exhibit 765-A to 789) to bolster my claims. These statements highlight a police officer who, in engaging with the Telstra Corporation, encountered significant obstacles. The COT Cases similarly struggled, as they were compelled into arbitration with Telstra, a dominant force. Both the arbitrator and administrator of the COT arbitrations shared their apprehensions about halting negotiations, largely due to Telstra's substantial influence over the arbitration and mediation system in Australia. I strongly encourage you to examine (File 766 (AS-CAV Exhibit 765-A to 789) and reflect on the implications of the two witness statements, as they offer critical context to this concerning situation.
Furthermore, as noted on the homepage, after Sue Owens, the barrister representing four of the COT Cases, filed fraud complaints against the Telstra Corporation with the Victoria Major Fraud Group in late 1998, I received a call from Neil Jepson, the barrister for the Major Fraud Group. He inquired whether I would assist the Victoria Police in their investigation regarding the cases brought forth by Sue Owens. Mr. Jepson had learned of the two reports I compiled detailing Telstra's fraudulent actions against me during my arbitration.
Senate Hasard
It is imperative to conduct a comprehensive investigation into the possibility that there were additional factors—potentially a second or even a third reason—that contributed to the denial of compensation for the remaining cases linked to 16 COT. These cases, which have experienced unfavorable outcomes, stand in contrast to those that were awarded compensation in the litmus test cases. A detailed analysis of the reasons for these discrepancies could yield significant insights that might illuminate the underlying issues.
Furthermore, it is crucial to anticipate the types of inquiries that may be raised by the larger cohort of 21 claimants once the sale prospectus is finalized. Addressing a subset of the outstanding arbitration claims that have remained unresolved for four years, prior to the preparation of the prospectus, would not only provide clarity regarding the overall claim situation but also bolster the integrity and credibility of the claims process as a whole. Presenting a record with fewer unresolved issues will undoubtedly enhance the perceived fairness of the proceedings, compared to a scenario in which 21 arbitration claims remain outstanding.
The depth of this matter is magnified by the fact that 16 claimants are still waiting for the relevant discovery documents. These documents are essential as stipulated under the Freedom of Information (FOI) Act, which was agreed upon as part of the procedural stipulations before the initiation of the arbitration proceedings. This agreement mandated that the administrator provide these crucial documents to support the claimants in substantiating their cases (refer to Arbitrator File No/71 for details).
It is also important to highlight the government's awareness of Telstra's ongoing refusal to fulfil its obligation to provide the necessary documents throughout the litmus test process, which has continued even four years later. On October 23, 1997, the office of Senator Schacht, serving as the Shadow Minister for Communications, transmitted a fax to Senator Ron Boswell containing the proposed terms of reference for a Senate working party. This group was specifically assigned to investigate the FOI issues relevant to the COT arbitration cases. The document not only outlines the findings but also delineates two extensive lists of unresolved COT cases that require further investigation in relation to their respective FOI issues. Notably, my name appears on Schedule B of that document (see Arbitrator File No 67).
By consistently refusing to provide the 16 COT cases with the discovery documents that were originally requested four years ago, Telstra has undeniably acted contrary to the principles of the rule of law. This refusal is particularly concerning in light of the fact that these 16 claimants have not received any assistance from law enforcement, arbitrators, or government officials. As a direct result of this inaction, they have been denied access to critical documents needed for their claims. This alarming situation has been documented on the platform absentjustice.com, highlighting the urgent need for accountability, transparency, and justice in this matter.
Introduction 2
In the course of discussions regarding the Telstra arbitrations, multiple representatives from the media have interacted with Graham Schorer, the spokesperson for the COT (Customers’ Own Telecom). Schorer has diligently documented his significant observations and insights for an unpublished manuscript that delves into the complexities of the situation. The issues highlighted on absentjustice.com are starkly described with terms such as counterfeit, bogus, fraudulent, forged, fabricated, sham, and spurious. These strong descriptors indicate a deeply troubling environment marred by deceitful practices, coercive extortion, broken promises, and egregious acts of corruption.
This narrative encompasses a range of alarming themes, including treachery and malfeasance, while also illustrating cases of misleading conduct, often underscored by blatant acts of thuggery and criminal deceit. The overarching issue is characterized by a persistent absence of honesty, epitomized by statements that are entirely inaccurate, impractical, and fundamentally flawed across multiple dimensions. This dire situation has been further exacerbated by malign threats from criminal elements, creating an atmosphere of fear and intimidation.
Regrettably, Graham Schorer is unable to articulate these pressing concerns anymore due to significant health limitations. Having served as his representative, I took on the responsibility of conveying the collective experiences of all COT cases up until 2019, aiming to ensure that our shared narrative was heard and understood.
It is essential for authors to not only provide a comprehensive narrative but also to root their accounts firmly in factual information. There is no room for skirting the truth to protect sensitive details that might negatively affect others involved in a story—especially one that has significantly impacted numerous lives over the last thirty years. Factual integrity is paramount.
During the COT arbitrations, Barrister Sue Owens brought forward fraud allegations against Telstra, filing them with the Major Fraud Group of Victoria Police. Unfortunately, these allegations were suppressed under significant pressure from the Australian government. Barrister Mr. Neil Jepson acknowledged my contributions on behalf of the Major Fraud Group because I had successfully demonstrated through two detailed reports that Telstra had indeed engaged in fraudulent behavior during my arbitration process.
In addition to these reports, I authored a third document titled "Telstra's Falsified SVT Report." This critical report proves that Telstra submitted false evidence under oath to the arbitrator presiding over my case. The evidence claimed that the arbitration SVT tests conducted at my Cape Bridgewater Holiday Camp had not been performed in accordance with regulatory standards set by the government. This assertion was particularly troubling, as both Telstra and the relevant government regulator had confirmed in writing that the tests had, in fact, met all mandatory requirements.
The Major Fraud Group requested that I elucidate the contents of the Telstra's Falsified SVT Report, Telstra's Falsified BCI Report 2 and Tampering with Evidence. This explanation was vital for providing the Victoria Police with a robust foundation from which to examine the criminal acts perpetrated against me, a citizen, throughout an arbitration process marred by these fraudulent submissions. Alarmingly, the arbitrator failed to question or remove these reports from the arbitration process as tainted defence material despite being alerted to the criminal activities involved.
When I alerted the arbitrator and the TIO my beliefe that the threats I was receiving from Telstra's Steve Black and Paul Rumble (see Senate Evidence File No 31 and
The following transcript elaborates on my involvement in the fraud investigations (refer to the following transcripts: "Major Fraud Group Transcript (2)". Although addressing these fraudulent matters is undoubtedly challenging—and I find myself navigating the complex aftermath of nearly three decades—most readers have engaged with my book and the extracts featured on this website. Nonetheless, taking a proactive stand and sharing my insights has been vital, particularly as I expose the issues surrounding COT spokesperson Graham Schorer in Chapter 3 - Conflict of Interest.
I genuinely believe that those who view "The Briefcase will gain a deeper understanding of the motivations behind my unwavering commitment to revealing this narrative at the age of eighty.
File 517 AS-CAV Exhibits 495 to 541 is a Witness Statement dated 10 August 2006 sworn out by Des Direen, an ex-Telstra Senior Protective Officer who eventually reached Principal Investigator status. Mr Direen has been brave enough to reveal that, in 1999 / 2000, after he left Telstra, he assisted the Victoria Police Major Fraud Group, particularly Rod Kueris, with their investigations into the COT fraud allegations.
The Major Fraud Group also seconded me as a witness in that investigation (see Major Fraud Group Transcript (2)).
Within a few weeks of Mr. Direen's involvement in assisting the Major Fraud Group with their ongoing investigations, it became increasingly evident that Detective Sergeant Mr. Rod Kueris was experiencing significant distress regarding the situation. I feel compelled to bring attention to the issue involving Mr. Kueris, particularly because, during that same Major Fraud Group investigation led by Victoria Police, I was in the process of faxing critical documents regarding the falsified Bell Canada International Inc. report, which I had modified for Mr. Neil Jepson's office. It is essential to note that had I not promptly contacted Mr Jepson immediately after sending these faxes, neither of us would have been made aware of the fact that the documents had been intercepted and had failed to arrive at the Major Fraud Group's fax machine.
To address this alarming situation, a survey leaflet was distributed to all police officers within the Major Fraud Group office. This leaflet specifically inquired if any officer had inadvertently collected my documents related to the Bell Canada International report. Regrettably, none of the officers came forward that day to acknowledge any error in the collection of the documents, which raises serious concerns about handling sensitive information.
Additionally, I must express my alarm regarding the information recorded on the home page of absentjustice.com. This page discusses similar documents from Bell Canada International Inc. (BCI) that I had compiled into a comprehensive report. I then provided this report to the new owners of my business with the intention of assisting them in their 2008 bankruptcy case presented in the Federal Magistrates Court. It is important to highlight that I had modified this report, yet it was subsequently hijacked while en route to the court.
A particularly troubling aspect of this situation involves the Australia Post representative who accepted two sealed registered packages containing these critical documents. Each package cost $28.00 to send. However, when they were received at the court, only my covering letter from Darren Lewis was attached, along with a two-page letter detailing the significance of the contents sent. This circumstance strongly suggests that the package must have been unlawfully opened after it left the Portland Post Office, and this was certainly the case after Darren Lewis had already paid the registration fee.
In summary, the Bell Canada International Inc. Cape Bridgewater Report was effectively stolen on three distinct occasions. The first incident occurred during my arbitration process when it was unlawfully removed en route to the arbitrator. The second instance involved the interception of the documents on their way to Mr Neil Jepson's office, who serves as the barrister for the Major Fraud Group. The final theft transpired during the sending of these documents to the Federal Magistrates Court.
To substantiate my claims, I am referencing two witness statements from File 766 (AS-CAV Exhibit 765-A to 789). These statements illustrate that a police officer, while attempting to engage with the Telstra Corporation, found himself at a loss. The COT Cases, too, faced significant difficulties, as they were forced into arbitration with Telstra, a powerful entity. Both the arbitrator and administrator of the COT arbitrations expressed fear of abandoning the negotiations, primarily due to Telstra’s considerable influence over the legal system in Australia. I urge you to read and consider the implications of the following two witness statements, as they provide essential context to this troubling situation
After Sue Owens, Barrister for four of the COT Cases (but not mine) had lodged fraud complaints with the Victoria Major Fraud Group in late 1998, I received a telephone call from Neil Jepson Barrister for the Major Fraud Group asking if would I assist the Victoria Police in their investigation into the cases raised by Sue Owens. Mr Jepson had heard I had compiled two reports of my own regarding Telstra's fraudulent conduct against me during my arbitration. As well, I was in possession of evidence which confirmed the arbitrator and his arbitration unit had assisted Telstra by minimizing my losses which had resulted from their failure to provide adequate service. They did not disclose evidence of this to Laurie James in January 1996; when as President of the Institute of Arbitrators Australia, he started a preliminary investigation into my claims.
I agreed to come to Melbourne with all expenses paid by COT spokesperson Graham Schorer (owner of Golden Messenger Couriers) to provide my three reports with exhibits supporting those reports addressed to me to Neil Jepson, the barrister for the Victorian Major Fraud Group.
The COT Cases were not paranoid.
An Injustice to the remaining 16 Australian citizens
Witness statements - 8 and 10 August 2006.
After I provided the contents of (see Telstra’s Falsified BCI Report to Neil Jepson, the Major Fraud Group asked me to assist them in compiling the evidence for their investigations. I complied and during two separate visits to Melbourne, I spent two full days at the Major Fraud Group’s St. Kilda Road offices. This is important to the litmus tests cases issue, because the Major Fraud Group was stunned at the evidence and how I was able to prove Telstra definitely perverted the course of justice, on two occasions. Namely by submitting false evidence to Dr Hughes, the arbitrator appointed to my case.
Both statements are discussed on our Absentjustice Preface page AFP Evidence File No 13. Members of the current government were provided with copies of these witness statements, without redactions. Sadly, the information in these two witness statements, to date, has not been acted upon.
As previously discussed in Chapter 1 - Major Fraud Group – Victoria police File 517 AS-CAV Exhibits 495 to 541 is Witness Statement dated 10 August 2006 (provided to the DCITA) by Ann Garms, and sworn out by Des Direen ex-Telstra Senior Protective Officer, who eventually reached Principal Investigator status. Mr Direen has been brave enough to reveal that, in 1999 / 2000, after he left Telstra, he assisted the Victoria Police Major Fraud Group, in particular Rod Kueris, with their investigations into the COT fraud allegations. I was called into that investigation as a witness. (see An Injustice to the remaining 16 Australian citizens)
Points 12 to 18 in Mr Direen’s statement explained that “From what (he) observed on this day, and applying the knowledge that (he) gained during (his) twelve years at Telstra, (he had) no doubt in (his) mind that the phones at Rod KUERIS’s home address were possibly interfered with". Within a few weeks of Mr Direen having assisted the Major Fraud Group with their investigations, it became apparent that Mr Kueris was very distressed. Both Graham Schorer (COT spokesperson, as a complainant and me, as a witness, reported to Mr Kueris and Mr Jepson that we believed we were also under surveillance during those investigations.
"I can recall that during the period 2000/200, I had arranged to meet Detective Sergeant Rod KURIS from the Victoria Police Major Fraud Squad at the foyer of Casselden Place, 2 Lonsdale Street, Melbourne. At the time, I was assisting Rod with the investigation into alleged illegal activities against the COT Cases.
Rod then stated that he wanted me to follow him to the left side of the foyer. When we did this, he then directed my attention to a male person seated on a sofa opposite our seat. He then told me that the person had been following him around the city all morning. At this stage Rod was becoming visibly upset and I had to calm him down. Rod kept on saying that he couldn't believe in what was happening to him. I had to again calm him down".
Points 21and 22 in Mr Direen’s statement also record how, while he was a Telstra employee, he had cause to investigate “… suspected illegal interference to telephone lines at the Portland exchange” but, when he “… made inquiries by telephone back to Melbourne (he) was told not to get involved and that it was being handled by another area of Telstra” and that “... the Cape Bridgewater complainant was a part of the COT cases”.
These two witness statements were provided to the Department of Communications, Information Technology and the Arts (DCITA) Australian government by Ann Garms, COT Case member after discussions with Senator Barnaby Joyce (now in 2022, the Deputy Prime Minister of Australia). Because no one has come forward to explain their position in these matters, all information that might assist the sixteen COT Cases (those who are left; many have since deceased) all documents will be provided without deletions. The witness statements of 8 and 10 August 2006 also released in full as File 766 - AS-CAV Exhibit 765-A to 789).
These two witness statements of 8 and 10 August 2006 released in full as File 766 - AS-CAV Exhibit 765-A to 789) confirm how Telstra and their corporate employees bullied and harassed a fully trained senior police officer to breaking point during his official investigations into the COT Cases claims.
It will be on record, within the archives of the Major Fraud Group, both Mr Neil Jepson and three officers with whom I had worked and lunched with, were able to confirm that at least two sets of documents I had faxed from my residence to Mr Jepson's office fascsimile service line 0395266614 (see File 800B in Exhibit AS-CAV Exhibit 790 to 818 never arrived at his office. This is despite my fax journal showing it had connected to that number 0395266614. It is also on record at the Major Fraud Group, that on one of my visits to Melbourne, my apartment had been entered and certain documents in my bedside drawer had been shifted around in a manila folder where there was chalk dust which I placed in my folder in said drawer which contained the folder.
Document File 643 in Exhibit AS-CAV Exhibits 589 to 647 is a letter written by a previous resident of Cape Bridgewater who, after viewing the Sunday Television program now attached to this website as a YouTube video (see Chapter 5 - Bad Bureaucrats) which explained that he had been contacted by the Major Fraud Group with regard to a Telstra employee by the name of Anderson. He noted the police would not elaborate on what they were investigating, and I will not do so here. I have only attached this letter as confirmation that the Victoria Police Major Fraud Group were concerned about my claims.
However, I will disclose here that after the arbitrator and his technical arbitration resource unit ignored my ongoing 008/1800 billing faults, the government communications regulator AUSTEL allowed Telstra's previous arbitration defence liaison officer to my arbitration - Steve Black to address these unaddressed ongoing arbitration billing faults in secret on 16 October 1995. This was five months after the completion of my arbitration process without the arbitrator. I did have a legal right under the arbitration agreement to challenge Telstra's late submission to the Government. (see Absent Justice Part 2 - Chapter 14 - Was it Legal or Illegal?)
What was so troubling about the address of legal documents without the claimant and arbitrator being present is that Telstra's previous arbitration defence liaison officer Steve Black resubmitted Mr Andersons original arbitration witness statement dated 12 December 1994, to support Telstra's 16 October 1995 submission to AUSTEL. He was aware Mr Anderson's 12 December 1994 witness statement had false and misleading statements in it concerning the Cape Bridgewater telecommunications network.
This is why the Major Fraud Group was so interested in Mr Anderson. Using witness statements twice - aware some of the statements in it were false, was why the government communications regulator sent a representative Darren Kearney to my business on 19 December 1995 (a twelve hour drive there and back) to collect my unaddressed arbitration claim evidence which proved that the billing faults Telstra state were non-existent were still affecting my business.
Major Fraud Group Transcript (2) shows Barrister Sue Owens explaining why the Major Fraud Group Barrister Neil Jepson seconded me into assisting the fraud group's investigations into the four claims registered by Barrister Owen's concerning alleged fraud by Telstra. Page 11 shows Sue Owens stating I am "extremely intelligent" and that the police also thought the same concerning my reporting, i.e., the reason why I was asked to assist with their fraud investigations.
It was the immense pressure applied to the Major Fraud Group by the Liberal National Party government that stopped the Victoria Police from proceeding with their investigations.
Not Fit For Purpose
When Telstra realized I had assisted the Australian Federal Police in their inquiries into the electronic interception of my phone conversations and arbitration-related documents faxed to my technical consultant at George Close & Associates, they employed their formidable lobbyist and arbitration liaison officer Paul Rumble to threaten me with fierce determination. This is evident in the police transcripts from my second interview with the Australian Federal Police on September 26, 1994 (see page 12 Australian Federal Police Investigation File No/1).
Is there a connection between the loss of my faxed arbitration documents and the TIO’s 28 June 1995 letter stating that his office has no record of my 24 January 1995 letter to the arbitrator requesting him to seek various documents from Telstra under the discovery process? My 24 January 1995 letter requesting a copy of the Cape Bridgewater/Bell Canada information to be provided from Telstra through the arbitration process was received (see Home Evidence File No 5). Are the lost claim-related faxes issues part of the collusion that festered during our arbitrations when the TIO covertly agreed along with the defendants (Telstra) that the TIO-appointed arbitration resource unit would be given the power to decide what documents were released into the arbitration process? (AS-CAV Exhibits 589 to 647 - See AS-CAV 590)
Why did the TIO advise me that records in his office did not record receiving my 24 January 1995 letter? “Our file does not indicate that you took the matter any further” (see Home Evidence File No 4). When my letter was returned to me, the fax footprint indicated it was received at the arbitrator’s fax machine. The TIO’s 28 June 1995 letter is possibly one of our most damning pieces of evidence, showing that “forces at work” were able to conceal essential arbitration material from being addressed during my arbitration process.
The transcripts indicate that I identified Paul Rumble as a pivotal individual involved in these threats. I named Mr. Rumble for two primary reasons. First, he executed these threats and halted the provision of arbitration discovery documents, which the government had pledged to supply under the Freedom of Information Act (FOI), contingent upon my agreement to participate in their government-sanctioned arbitration. Second, I discovered that he had successfully influenced the arbitrator to release my interim claim materials five months before the timeline outlined in the arbitration agreement signed by Telstra and myself. Consequently, Telstra had access to my claim significantly earlier than legally permitted. At the same time, I was afforded only one month to review the relevant materials as stipulated when signing for our arbitrations.
Threats Made
Threats Carried Out
Threats were made against me by Telstra arbitration officials because I assisted the Australian Federal Police with their investigations into these phone and fax hacking issues. Refer to page 180 ERC&A, from the official Australian Senate Hansard, dated 29 November 1994, which reports Senator Ron Boswell asking Telstra’s legal directorate:
“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?” (See Senate Evidence File No 31)
Thus, the threats became a reality. What is so appalling about this withholding of relevant documents is this - no one in the TIO office or government has ever investigated the disastrous impact the withholding of documents had had on my overall submission to the arbitrator. The arbitrator and the government (at the time, Telstra was a government-owned entity) should have initiated an investigation into why an Australian citizen, who had assisted the AFP in their investigations into unlawful interception of telephone conversations, was so severely disadvantaged during a civil arbitration.
This harassment by Telstra and their internal security division continued for years. No one in government or the arbitration process would investigate the devastation these threats, harassment combined with corporate thuggery, had on the lives of the COT Case members.
The holiday camp I operated had historically relied on landline telephones as the sole means of communication, apart from incidental trade. Upon our initial appreciation for the property, we overlooked the obsolete telephone system prevalent at that time. Mobile network coverage was nonexistent during that period, and business transactions were not conducted via the Internet or email. The camp was connected to a roadside switching facility that routed calls to the central telephone exchange 20 kilometres away in Portland. This facility, which had been in place for over 30 years, was designed for low-call-rate areas and was equipped with only eight lines to service 66 families, amounting to 132 adults and children.
Consequently, only four lines were available for the remaining 128 adults and their children. During peak periods—such as weekends and holidays—when visitor numbers surged at the seaside resort, the demand for telecommunication increased substantially, resulting in recurring line congestion.
After three and a half years of operating with this outdated infrastructure, Telstra finally installed a new system. Regrettably, they neglected to connect it to the central telephone exchange in Portland for an additional twenty months. This unacceptable oversight is further documented in a government report dated March 1994, AUSTEL’s Adverse Findings, which identifies issues from points 2 to 212.
The findings in that report stem from the fault reports extracted from the Portland Telstra telephone exchange logbook. Unfortunately, as I previously mentioned, I was denied access to this logbook during my arbitration. By utilising that source, AUSTEL could only have reached such precise conclusions in the 69-page, 212-point report.
My business was connected to this outdated telephone exchange for the first 3½ years after I purchased it—3½ crucial years in which I had expected to establish the business on firm ground.
My Holiday Camp was surely situated in a pristine location
If only the telephones had been fit for purpose
On 15 July 1995, two months after the arbitrator's premature announcement of findings regarding my incomplete claim, Amanda Davis, the former General Manager of Consumer Affairs at AUSTEL (now known as ACMA), provided me with an open letter to be shared with individuals of my choosing. This action underscores the confidence she placed in my integrity and professional character:
“I am writing this in support of Mr Alan Smith, who I believe has a meeting with you during the week beginning 17 July. I first met the COT Cases in 1992 in my capacity as General Manager, Consumer Affairs at Austel. The “founding” group were Mr Smith, Mrs Ann Garms of the Tivoli Restaurant, Brisbane, Mrs Shelia Hawkins of the Society Restaurant, Melbourne, Mrs Maureen Gillian of Japanese Spare Parts, Brisbane, and Mr Graham Schorer of Golden Messenger Couriers, Melbourne. Mrs. Hawkins withdrew very early on, and I have had no contact with her since.
The treatment these individuals have received from Telecom and Commonwealth government agencies has been disgraceful, and I have no doubt they have all suffered as much through this treatment as they did through the faults on their telephone services.
One of the striking things about this group is their persistence and enduring belief that eventually there will be a fair and equitable outcome for them, and they are to admired for having kept as focussed as they have throughout their campaign.
Having said that, I am aware all have suffered both physically and their family relationships. In one case, the partner of the claimant has become seriously incapacitated; due, I beleive to the way Telecom has dealt with them. The others have al suffered various stress related conditions (such as a minor stroke.
During my time at Austel I pressed as hard as I could for an investigation into the complaints. The resistance to that course of action came from the then Chairman. He was eventually galvanised into action by ministerial pressure. The Austel report looks good to the casual observer, but it has now become clear that much of the information accepted by Austel was at best inaccurate, and at worst fabricated, and that Austel knew or ought to have known this at the time.”
After leaving Austel I continued to lend support to the COT Cases, and was instrumental in helping them negotiate the inappropriately named "Fast Track" Arbitration Agreement. That was over a year ago, and neither the Office of the Commonwealth Ombudsman nor the Arbitrator has been succsessful in extracting information from Telecom which would equip the claimants to press their claims effectively. Telecom has devoted staggering levels of time, money and resources to defeating the claiams, and there is no pretence even that the arbitration process has attemted to produce a contest between equals.
Even it the remaining claimants receive satisfactory settlements (and I have no reason to think that will be the outcome) it is crucial that the process be investigated in the interest of accountabilty of publical companies and the public servants in other government agencies.
Because I am not aware of the exact citrcumstances surronding your meeting with Mr Smith, nor your identity, you can appriate that I am being fairly circimspect in what I am prepared to commit to writing. Suffice it to say, though, I am fast coming to share the view that a public inquiry of some discripion is the only way that the reasons behind the appalling treatent of these people will be brought to the surface.
I would be happy to talk to you in more detail if you think that would be useful, and can be reached at the number shown above at any time.
Thank you for your interest in this matter, and for sparing the time to talk to Alan. (See File 501 - AS-CAV Exhibits 495 to 541 )
Four months after the arbitrator Dr Hughes prematurely brought down his findings on my matters, and fully aware I was denied all necessary documents to mount my case against Telecom/Telstra, an emotional Senator Ron Boswell discussed the injustices we four COT claimants (i.e., Ann Garms, Maureen Gillan, Graham Schorer and me) experienced prior and during our arbitrations (see Senate Evidence File No 1 20-9-95 Senate Hansard A Matter of Public Interest) in which the senator notes:
“Eleven years after their first complaints to Telstra, where are they now? They are acknowledged as the motivators of Telecom’s customer complaint reforms. … But, as individuals, they have been beaten both emotionally and financially through an 11-year battle with Telstra. …
“Then followed the Federal Police investigation into Telecom’s monitoring of COT case services. The Federal Police also found there was a prima facie case to institute proceedings against Telecom but the DPP , in a terse advice, recommended against proceeding. …
“Once again, the only relief COT members received was to become the catalyst for Telecom to introduce a revised privacy and protection policy. Despite the strong evidence against Telecom, they still received no justice at all. …
“These COT members have been forced to go to the Commonwealth Ombudsman to force Telecom to comply with the law. Not only were they being denied all necessary documents to mount their case against Telecom, causing much delay, but they were denied access to documents that could have influenced them when negotiating the arbitration rules, and even in whether to enter arbitration at all. …
“Telecom has treated the Parliament with contempt. No government monopoly should be allowed to trample over the rights of individual Australians, such as has happened here.”
Thus, the government was officially informed of the above concerning an arbitration process it endorsed and should have immediately appointed a review of the whole sordid affair. It never did.
Despite the financial precariousness of my Cape Bridgewater Holiday Camp, I had, from the start, sponsored the stays of underprivileged groups at the Camp. It was no vast loss to me: sponsored food was provided through the generosity of several commercial food outlets, and it cost me only a tiny amount of electricity and gas.
In May 1992, we held a charity week for kids from Ballarat and South-West Victoria, organised largely by Sister Maureen Burke, IBVM, Principal of Loreto College in Ballarat. Arrangements regarding food, transport, and any special needs the children might have had to be handled over the phone, and of course, Sister Burke had enormous problems making phone contact. The Calls were either ringing out, or she was getting a deadline — no sound at all. Finally, after trying in vain for one week, she decided to drive the 3½ hours to make the final arrangements.
Testimonials
Between April 1990 and when I sold the holiday camp in December 2001, I continued to partly sponsor underprivileged groups to stay at the camp during the weeks (that became years) when the phone problems continued to beset the holiday camp. At least some money was coming into the business. Those wanting a cheap holiday persisted by telephoning repetitively regardless of being told the camp was no longer connected to Telstra's network. These groups wanted a holiday, and if they had to drive for hours to make a booking as Loreto College did (see below), then a drive they did.
The holiday Camp could sleep around 90 to 100 persons in fourteen cabins. I arranged sponsored food purchases through the generosity of a number of commercial food outlets and these groups then just used the camp facilities — it didn’t actually cost me anything other than a small amount of electricity and gas. At one point around this time, May 1992, I had organised a charity week for kids from Ballarat and the South West, including Warrnambool, Hamilton and Portland. This group was organised by Sister Maureen Burke IBVM, and I am sure she would not be offended to know that I think of her as the ‘mother’ of the project.
On one particular occasion in 1992, after trying in vain all through one week, she decided to drive the 3½ hours to make the final arrangements for those camps.
Just as she arrived at the Camp, Karen (my then-partner) took a phone call from a furious man who wanted information about a singles weekend we were trying to set up. This caller was quite abusive. He couldn't understand why we were advertising a business but never answered the phone. Karen burst into tears. She had reached the end of her tolerance, and nothing I could say was any help. When Sister Burke appeared in the office, I decided absence was the better part of valour and removed myself, leaving the two women together. Much later, Sister Burke came out and told me she thought it probably best for both of us if Karen were to leave Cape Bridgewater. I felt numb. It was all happening again.
Karen and I sat and talked. True, we would separate, but I assured her she would lose nothing because of her generosity and that I would do whatever was necessary to buy her out. We were both relieved at that. Karen rented a house in Portland, and we remained good friends, though, without her day-to-day assistance at the Camp, which had given me space to travel around, I had to drop my promotional tours.
Twelve months later, in March of 1993, Sister Karen Donnellon, also from Loreto College, tried to make contact via the Portland Ericsson telephone exchange to arrange an annual camp. Sister Donnellon later wrote:
“During a one week period in March of this year I attempted to contact Mr Alan Smith at Bridgewater Camp. In that time I tried many times to phone through.
Each time I dialled I was met with a line that was blank. Even after several re-dials there was no response. I then began to vary the times of calling but it made no difference.” File 231-B → AS-CAV Exhibit 181 to 233
Some years later, I sent Sister Burke an early draft of my manuscript, Absent Justice My Story‘, concerning my valiant attempt to run a telephone-dependent business without a dependent phone service. Sister Burke wrote back,
“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” File 231-A → AS-CAV Exhibit 181 to 233
Of course, Sister Maureen Burke and Sister Karen Donnellon persisted with their continuing battle to find a way to get a proper telephone connection for the holiday camp, partly because it was a low-cost holiday for all concerned but also because these wonderful women were well aware that my business was continuing to exist, albeit ‘by the skin of its teeth, even though Telstra’s automated voice messages kept on telling prospective customers that the business did not exist or, alternatively the callers simply reached a dreaded silence that appeared to indicate that the number they had called was attached to a ‘dead’ line. Either way, I lost the business that may well have followed if only the callers could have been successfully connected to my office via this dreaded Ericsson AXE Portland telephone exchange.
A letter dated 6 April 1993, from Cathy Lindsey, Coordinator of the Haddon & District Community House Ballarat (Victoria) to the Editor of Melbourne’s Herald-Sun newspaper, read:
“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.” Evidence File 10 B
During this same period, 1992 and 1993, Cathy Lindsey, a professional associate of mine Cathy, signed a Statutory Declaration, dated 20 May 1994, explaining several sinister happenings when she attempted to collect mail on my behalf from the Ballarat Courier Newspaper office (File 22 Exhibit 1 to 47). This declaration leaves questions unanswered about who collected my mail and how they knew there was mail to be collected from the Ballarat Courier mail office. On both occasions, when a third person collected this mail, I telephoned Cathy, informing her that the Ballarat Courier had notified me that mail was waiting to be picked up.
On pages 12 and 13 of the transcript from the AFP inquiry into my allegations that Telstra unlawfully intercepted my telephone conversations, the AFP state at Q59 Australian Federal Police Investigation File No/1:-
“And that, I mean that relates directly to the monitoring of your service where, where it would indicate that monitoring was taking place without your consent?” File 23-A Exhibit 1 to 47
I also provided the AFP Telstra documents showing that Telstra was worried about my telephone complaint evidence. If it ever reached an Australian court, I had a 50% chance of proving that Telstra had systemic phone problems in their network. In simple terms, Telstra was operating outside of its license to operate a telephone service, charging its customers for a service not provided.
21st April 1993: Telstra internal email FOI folio C04094 from Greg Newbold to numerous Telstra executives and discussing “COT cases latest”, states:-
“Don, thank you for your swift and eloquent reply. I disagree with raising the issue of the courts. That carries an implied threat not only to COT cases but to all customers that they’ll end up as lawyer fodder. Certainly that can be a message to give face to face with customers and to hold in reserve if the complaints remain vexacious .” GS File 75 Exhibit 1 to 88
These Telstra executives forgot that Telstra was a publicly owned corporation. Therefore, those executives were responsible for ensuring the integrity of Telstra's working conditions, something Telstra has never even understood. Bribery and corruption, including misleading and deceptive conduct, destroyed the Australian economy while the powerful bureaucrats attempted to fight this fire with the talk of change. This bribery and corruption plagued the COT cases’ government-endorsed arbitrations.
Children's lives could be at risk
Comments made from the Herald Sun newspaper dated 30 August 1993 confirm just how damaging some of these newspaper articles were to my already ailing business with statements like:
“The Royal Children’s Hospital has told a holiday camp operators in Portland that it cannot send chronically ill children there because of Telecom’s poor phone service. The hospital has banned trips after fears that the children’s lives could be at risk in a medical emergency if the telephone service to the Portland camp continued to malfunction”.
The centre’s stand follows letters from schools, community groups, companies and individuals who have complained about the phone service at Portland’s Cape Bridgewater Holiday camp.”
Youths from the Royal Children’s Centre for Adolescent Health, who were suffering from “chronic illnesses”, visited the camp earlier this year.
Group leader Ms Louise Rolls said in a letter to the camp the faulty phones had endangered lives and the hospital would not return to the camp unless the phone service could be guaranteed” Arbitrator File No/90
After the Melbourne Children's Hospital recorded a near-death experience with me having to rush a sick child with cancer to the Portland Hospital 18 kilometres away from my holiday camp, Telstra finally decided to take my telephone faults seriously. None of the 35 children (all with cancer-related illnesses) had mobile phones, or the six or so nurses and carers. Mobile telephones could not operate successfully in Cape Bridgewater until 2004, eleven years after this event. My coin-operated gold phone was also plagued with phone problems, and it took several tries to ring out of the holiday camp. An ambulance arrived once we could ring through to the Hospital.
After five years, it took almost a tragedy for Telstra to send someone with real technical experience to my business. Telstra's visit happened on 3 June 1993, six weeks after the Children's Hospital vowed never to revisit my camp until I could prove my camp was telephone fault-free. No hospital where convalescent is a good revenue spinner has ever visited my business, even after I sold it in December 2001.
It was another fiasco that lasted until August 2009, when not-so-new owners of my business were walked off the holiday camp premises as bankrupts.
By the middle of 1993, people had become interested in what they had heard about our battle. Several articles had appeared in my local newspaper, and interstate gossip about the COT group was growing. In June, Julian Cress from Channel Nine's 'Sixty Minutes' documentary television programme faxed me:
Just a note to let you know that I had some trouble getting through to you on the phone last Thursday. Pretty ironic, considering that I was trying to contact you to discuss your phone problems.
The problem occurred at about 11 am. On the 008 number I heard a recorded message advising me that 008 was not available from my phone and your direct line was constantly engaged.
Pretty ironic, all right!
A special feature in the Melbourne Age Newspaper gave my new 'Country Get-A-Ways' program a great write-up. It was marketing weekend holidays for over-40s singles in Victoria and South Australia: an outdoor canoe weekend, a walking and river cruise along the Glenelg River, a Saturday Dress-up Dinner Dance with a disco, a trip to the Coonawarra Wineries in South Australia, and a Saturday morning shopping tour to Mt Gambier. I began to feel things were looking up for the Camp.
It was too much to hope for that my telephone saga was ending. A fax arrived on 26 October 1993 from Cathine, a relative of the Age journalist who wrote the feature:
Alan, I have been trying to call you since midday. I have rung seven times to get an engaged signal. It is now 2.45 pm.
In response to my request for feedback between May and October of 1993, I received 36 letters from different individuals and more than 40 other complaints from people who had unsuccessfully tried to respond to my advertisements (File - 9-A AS-CAV Exhibit 1 to 47). The Hadden & District Community House wrote in April 1993:
Several times I have dialled 055 267 267 number and received no response — dead line. I have also experienced similar problems on your 008 number.
Our youth worker, Gladys Crittenden, experienced similar problems while organising our last year's family camp, over a six month period during 1991/1992.
A letter dated 6 April 1993, from Cathy Lindsey, Coordinator of the Haddon & District Community House Ballarat (Victoria) to the Editor of Melbourne’s Herald-Sun newspaper, read:
“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.” Evidence File 10 B
During this same period, 1992 and 1993, Cathy Lindsey, a professional associate of mine Cathy, signed a Statutory Declaration, dated 20 May 1994, explaining several sinister happenings when she attempted to collect mail on my behalf from the Ballarat Courier Newspaper office (File 22 Exhibit 1 to 47). This declaration leaves questions unanswered about who collected my mail and how they knew there was mail to be collected from the Ballarat Courier mail office. On both occasions, when a third person collected this mail, I telephoned Cathy, informing her that the Ballarat Courier had notified me that mail was waiting to be picked up.
On pages 12 and 13 of the transcript from the AFP inquiry into my allegations that Telstra unlawfully intercepted my telephone conversations, the AFP state at Q59 Australian Federal Police Investigation File No/1:-
“And that, I mean that relates directly to the monitoring of your service where, where it would indicate that monitoring was taking place without your consent?” File 23-A Exhibit 1 to 47
I also provided the AFP Telstra documents showing that Telstra was worried about my telephone complaint evidence. If it ever reached an Australian court, I had a 50% chance of proving that Telstra had systemic phone problems in their network. In simple terms, Telstra was operating outside of its license to operate a telephone service, charging its customers for a service not provided.
Astonishingly, one letter, dated 17 May 1993, was from a senior Telstra technical engineer, who wrote regarding his own experience of trying to ring me:
"On the 24/2/93 I received a phone call from a technician at Portland who stated he had been given a fault from (1100 fault dept.) indicating a customer in Ballarat had trouble calling your business 055 267 267. I then attempted to ring 055 267 267 myself, the ring was tripped after several bursts, i.e. ‘answered’ and I received a loud noise similar to a radio carrier noise and a very faint ‘Hello’."
At last, a second person inside Telstra acknowledged that I had a problem with the phone service! The engineer had even given me his name. Yet in the course of their defence of my arbitration claims, Telstra proffered a Witness Statement from this man (made in December 1994) that included no reference to this (see Summary of events/Chapter Two to Five)
On 9 June 1993. A TV news program was also a target for Telstra's executives to muzzle the media regarding the validity of the COT Cases claims and that of three single members from Ballarat who had spoken to Jason Cameron (Channel Nine TV reporter) regarding their failed effort to reach the Cape Bridgewater Holiday Camp by telephone from Skipton and Scarsdale. This Telstra internal email dated 16 June 1993 FOI folio A04646 (AS 956) reports:
"Good news re channel nine news. Haven’t checked all outlets but as it didn’t run on the main bulletin last night, we can be pretty certain that the story died the death. I wish I could figure which phase it was that convinced Jason Cameron not to proceed. Might have been one of Jim Holmes' pearls..."
Jim Holmes was the Telstra Corporate Secretary, so the readers may well be asking themselves, what type of pearl had been cast by Jim Holmes? Were they pearls of wisdom, financial pearls, or a different kind of pearl that convinced a respected journalist to drop a story?
On 12 July 1993, a newspaper article from the Portland Observer Newspaper headed ‘Network Complaints Taken Up by MPs’ and notes:
“Problems highlighted by Cape Bridgewater Holiday Camp operator Alan Smith, with the Telecom network have been picked up on by not only other disgruntled customers but Federal politicians. Having suffered a faulty telephone service for some five years, Mr Smith’s complaints had for some time fallen on deaf ears, but it now seems people are standing up and listening. Federal Member for Wannon, David Hawker, described the number of reports of faulty and inadequate telephone across Australia as alarming. Mr Hawker said that documents recently presented to him showed that the problems people had been experiencing Australia wide had been occurring repeatedly in the Portland region.” (See Cape Bridgewater Chronology of Events File No -17)
The pressure on all four COT cases was immense, with TV and newspaper interviews and our continuing canvassing of the Senate. The stress was telling by now, but I continued to hammer for a change in rural telephone services. The Hon David Hawker MP, my local Federal member of parliament, had been corresponding with me since 26 July 1993.
“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.” (See Arbitrator File No/76)
The Hon David Hawker MP, my local Federal Member of Parliament, corresponded with me from 26 July 1993.
On 18 August 1993, The Hon. David Hawker MP wrote to me again, noting:
“Further to your conversations with my electorate staff last week and today I am enclosing a copy of the correspondence I have received from Mr Harvey Parker, Group Managing Director of Commercial and Consumer division of Telecom.
“I wrote to him outlining the problems of a number of Telecom customers in the Western Districts, including the extensive problems you have been experiencing.” (Arbitrator File No/77)
One of these letters, dated 23 August 1993, is particularly interesting. It came from a company of Insurance Loss Adjusters in Ballarat, a rural city in Victoria. It was sent to the producer of “Real Life”, a TV current affairs program then broadcast on Channel 7. The Loss Adjusters wrote: “Re Problems with Telstra.”
"I have watched with interest the shorts leading up to tonight’s program as I have similar problems to the man at Cape Bridgewater.
Our office is located in Ballarat and due to Telecom structure the majority of our local calls are STD-fee based. (STD calls are charged per time)
On many occasions we have been unable to get through to numbers we have dialled, often receiving the message “this number is not connected” or similar messages which we know to be untrue.
Clients report that they often receive the engaged signal when calling us, and a review of the office reveals that at least one of our lines was free at the relevant time.
We have just received our latest Telecom bill, which in total is up about 25% – 30% on the last bill. This is odd because our work load in the billing period was down by about 25% and we have one staff member less than the previous billing period.” (AS 1008)
In August 1993, Rita Espinoza from the Chilean Social Club wrote:
I tried to ring you in order to confirm our stay at your camp site. I found it impossible to get through. I tried to ring later but encountered the same signal on 10 August around 7 – 8.30 pm. I believe you have a problem with the exchange and strongly advise you contact Telstra.
Do you remember the same problem happened in April and May of this year?
I apologise but I have made arrangements with another camp.
Attempting to move on…but wait!
At the camp in Cape Bridgewater, I acquired a logo, especially for the over-forties singles club and his Community Groups, which I was calling “Country Get-A-Ways”, and he hit the road with a vengeance, marketing a range of different weekend holidays. I had organised an outdoor canoe weekend, a walking and river cruise along the Glenelg River, and a Saturday Dress-up Dinner Dance with a disco, as well as a trip to the Coonawarra Wineries and a Saturday morning shopping tour to Mt Gambier, both in South Australia. This meant I could market the holiday periods in Victoria and South Australia.
Then it hit home: I got no response from Ballarat and the surrounding areas. I later learned from a Ballarat single club patron who was a Ballarat Parents Without Partners social club member that they had given up on receiving a response to their failed telephone calls.
Numerous testimonials from hopeful customers trying to book at my venue from 1988 to this period are well documented in AUSTEL’s Adverse Findings, dated March 1994. At points 9, 10 and 11 in their reporting notes:
"During the past five years Mr Smith has received many testimonials from other network users such as community groups, health and welfare agencies, school and individuals which have advise of continuing difficulties contacting the camp. These statements support Mr Smith's claims of service problems of Mr Smith.
An important point in relation to Mr Smith's service is that he is operating a business service in an area which is predominantly that of a residential and/or farming community. Therefore both the nature, volume and origin of calls received by Mr Smith is comparison with those of his neighbours would be markedly different…
Often calls to the Cape Bridgewater Holiday Camp would be from people previously unknown to Mr Smith, who in comparison to other callers to Cape Bridgewater would be less likely to initiate further contact should they have difficulty in contacting the Camp…"
So here it was, mid-1993, and hardly any phone calls were getting to me at the Camp. I didn't know that less than twelve months later, AUSTEL would discover that what I had been telling Telstra was the truth but that AUSTEL would hide most of those truths from the relevant Ministers, me and the arbitrator.
All I knew was that my business was sinking fast, so I stepped up the marketing of the camp and the singles-club weekends; I visited numerous recognised social clubs around the Melbourne metropolitan area and spoke personally to the people in charge and, over the next few weeks, he spoke to the Phoenix Social Club in Camberwell, the Australian Social Centre in Hartwell, Frenze-In-Deed in Mont Albert and Capers in Knox City, as well as visiting numerous other singles organisations in Ballarat and Warrnambool, both large country centres in Victoria.
Further newspaper advertising followed, placing ads with the Leader Newspaper group in Melbourne. This local newspaper group covers twenty-three different metropolitan areas around Melbourne. Ads also went into the local newspapers for several large regional centres around Victoria and South Australia, including the Geelong Advertiser, the Warrnambool Standard, the Ballarat Courier News, the Horsham Wimmera Times, the Colac Local News, the Mt Gambier-Border Watch and others.
It is crucial to highlight Telstra's unethical and potentially criminal conduct, as evidenced by the Senate Hansard. As we delve deeper into this information, we uncover proof that Telstra tampered with my TF200 Exicom telephone, which was taken from my business on 28 April 1994 during my government-endorsed arbitration. Connecting the Senate statements with the TF 200 issues, it becomes undeniable to visitors of absentjustice.com that Telstra cannot be considered a trustworthy company. Continue reading to find out more.
Criminal Conduct Example
“COT Case Strategy”
Starting on page 5163, this link > SENATE official Hansard – Parliament of Australia, shows Telstra employees rorted millions upon millions of dollars from Telstra shareholders, i.e., the government and Australian citizens, who then owned Telstra. The pressure Senators Alston and Boswell applied for a Senate investigation into the Casualties of Telstra (COT cases) phone fiascos was one of the reasons Telstra agreed to settle the COT cases’ issues in a proposed Fast Track Settlement Proposal signed by Telstra and the four claimants in the third week of November 1993. It seemed Telstra could not afford a further investigation into its operation: NSW was not the only state where this rorting, and others, was taking place. Many people made threats against the COT cases because our persistence to gain fully functional phone systems was about to expose other unethical behaviour at Telstra, including at the management level. The fact that the Telstra CEO and board knew millions upon millions of dollars (again, see 5163 of SENATE official Hansard) were being unlawfully siphoned from the government coffers is unbelievable. Figures running into the billions have also been quoted.
Furthermore, although it is astonishing, page 5163 of > SENATE Official Hansard – Parliament of Australia shows that, even before COT members and several senators applied pressure, both Telstra’s CEO and all the members of the Telstra board had already known, for some time, about the millions of dollars that Telstra was unlawfully withdrawing from government coffers. Perhaps even more unbelievable is that the COT cases received no recognition, from either the government or Telstra, for our stand for honesty and truth; instead, we have been treated in the worst possible way, labelled as vexatious litigants and our lives have been ruined, simply because we believed that what we were doing would eventually benefit all Australians.
"As requested I now attach the issues paper which we have prepared in relation to Telecom’s management of ‘COT’ cases and customer complaints of that kind. The paper has been prepared by us together with input from Duesburys, drawing on our experience with a number of ‘COT’ cases. . . ."
The fact that my business, Cape Bridgewater Holiday Camp, and I are named in this Freehill Hollingdale & Page "COT Case Strategy" to be stopped from receiving discovery and/or FOI documents to stop me from obtaining my discovery and FOI documents further supports my claim that the Hon Anthony Albanese, Prime Minister of Australia needs to investigate my evidence
An investigation was not conducted to ascertain whether another individual named Alan Smith, residing in the Discovery Bay area of Cape Bridgewater, received some of my arbitration correspondence. Telstra's defence counsel, Freehill Hollingdale & Page, had been in communication with this other Alan Smith since at least 1992, as indicated by the fax footprint on both Notices of Summons documents that he received from D. Madden Lawyers in Warrnambool, which demanded payment for disputed telephone accounts.
I received analogous demand letters from Telstra despite the company's awareness of a systemic national billing issue that caused telephones to become inoperable. I submitted information pertaining to Alan Smith, which I obtained through the Freedom of Information Act, to illustrate to the arbitrator that he was similarly receiving letters of demand from Telstra and their legal representatives because, like myself, he contested charges for calls he did not make or for which he was not on the line for the entire billed duration.
The local Telstra switching exchanges in the Cape Bridgewater and Portland regions, including the principal Ericsson AXE Portland telephone exchange, experienced considerable disarray regarding telephone issues prior to and for several years following my arbitration. As evidenced in the TF200 EXICOM image below, Telstra even resorted to extreme measures to impede customers from substantiating their claims of significant operational problems. They allegedly introduced a sticky substance into the phones upon collection, asserting that customers had spilt beverages, which supposedly resulted in erroneous billing and device malfunctions. Furthermore, they claimed that the condition of the returned telephones (which were clean upon their return by customers) indicated customer negligence. How can one effectively engage with a corporation that employs such questionable tactics?
After Mr Anderson completed his testing on 27 April, the phone took nine days to reach Telstra’s laboratory. It arrived on 6 May, and laboratory testing did not commence for another four days. Ray Bell, the author of the TF 200 report, was adamant at point 1.3, under the heading Initial Inspection, that:
“The suspect TF200 telephone when received was found to be very dirty around the keypad with what appeared to be a sticky substance, possibly coffee.” (See Tampering With Evidence File No 3)
A second photo I received under FOI is a photo taken from the front of the same TF200 phone, confirming a note I placed on the phone was quite clean when it was received at Telstra. See Open Letter File No/37 exhibits 3, 4, 5 and 6.
This report raises several questions. When the phone left my office, it was quite clean. Why did it arrive at the laboratory in such a filthy state? How did the beer get inside the phone? Who would have a reason to pour beer into the phone and why? If the addition of beer was not deliberate, how did it get inside the phone? The main aim of Telstra’s submitted report, used as evidence, was to prove Telstra’s service was not at fault.
As soon as I read this beer-in-the-phone report, I requested the arbitrator, asking for a copy of all the laboratory technicians' handwritten notes so he could see how Telstra had arrived at their conclusion. I had appointed my forensic document researcher to look over the documents when I received them, and he provided me with his CV credentials and signed a confidentiality agreement stating he would not disclose his findings to anyone outside of the arbitration procedure. Although I passed all this information on to the arbitrator, the only response I received from the arbitrator and Telstra was a duplicate copy of the report I had already received as part of Telstra’s defence.
On 28 November 1995, six months after my arbitration ended, I received Telstra’s TF200 EXICOM report. This report confirms Telstra carried out two separate investigations of my EXICOM TF200 telephone, two weeks apart and the second test report, dated between 24 and 26 May 1994, proved that the first one, the report provided to the arbitrator, was not an accurate account of the testing process at all, but a total fabrication. Photos and graphs by Telstra laboratory staff proved wet beer introduced into the TF200 phone dried out entirely in 48 hours. As mentioned above, Telstra collected my phone from my business on 27 April 1994, but it was not tested until 10 May – a gap of 14 days. Various pages (see Tampering With Evidence File No/5) confirm that, even though Telstra knew its second investigation proved the first arbitration report, dated between 10 and 12 May 1994, was more than fundamentally flawed, it still submitted the first flawed report to the arbitrator as Telstra’s true findings.
The marked Telstra FOI documents folio A64535 to A64562 (see Tampering With Evidence File No/5), are clear evidence that Telstra did do two separate TF200 tests on my collected phone two weeks apart. FOI folio A64535 confirms with this handwritten Telstra laboratory file note, dated 26 May 1994, that when wet beer was poured into a TF200 phone, the wet substance dried up within 48 hours. The air vents within the phone itself allowed for the beer to escape. In other words, how could my TF200, collected on 27 April 1994, have been wet inside the phone on 10 May 1994 when it was tested at Telstra’s laboratories?
Another disturbing side to this tapering with arbitration evidence by Telstra is that I volunteered for the Cape Bridgewater Country Fire Authority (CFA) for many years before this tampering occurred. The following chapters show that during my arbitration Telstra twisted the reason I could not be present for the testing of my TF200 telephone at my premises on a scheduled meeting on the morning of 27 April 1994. Telstra only reported in their file notes (later submitted to the arbitrator) that I refused to allow Telstra to test the phones because I was tired. There was no mention in these file notes that I advised the fault response unit that I had been fighting an out-of-control fire for 14 hours or that my sore eyes made it impossible to observe such testing by Telstra. I fought the fire the previous evening from 6 pm to 9 am the following morning.
It is clear from our Tampering With Evidence page that not only did Telstra set out to discredit me by implying I was just too tired to have my TF200 phone tested, but after Telstra removed the phone, it was tampered with before it arrived at Telstra’s Melbourne laboratories: someone from Telstra poured beer into the phone. In its arbitration defence report, Telstra then alleged that sticky beer was the cause of the phone’s ongoing lock-up problems, not the Cape Bridgewater network. This wicked deed and the threats I received from Telstra during my arbitration are a testament that my claims should have been investigated years ago. So, even though I carried out my civic duties as an Australian citizen, over and beyond, by supplying vital evidence to the AFP and fighting out-of-control fires, I was still penalised on both occasions during my arbitration.
Even worse, this Telstra FOI folio D01026/27 (Tampering With Evidence File No 2) confirms Telstra knew there were lock-up problems in moisture-prone areas affecting the EXICOM T200s manufactured after week seven of 1993. This document confirms that one of the known lock-up side effects of this problem was that, while the line was in locked-up mode, the line remained open so one party could hear the room noise of the locked-up party after the call was supposedly terminated. Document D01026 confirms that instead of destroying these faulty EXICOM TF200 phones, Telstra allowed their technical staff to re-deploy some 45,000 phones back into service in areas where local technicians believed moisture was not a problem.
A testing situation
Late in 1993, Mrs Cullen from Daylesford Community House informed me that she had tried unsuccessfully to phone me on 17 August 1993 at 5.17, 5.18, 5.19 and 5.20 pm, each time reaching a deadline (File 35-A, 35-B and 35-C AS-CAV Exhibit 1 to 47). She had reported the fault to Telstra’s Fault Centre in Bendigo at 1100, speaking to an operator who identified herself as Tina. Tina then rang my 1800 number but couldn’t get through either. Telstra’s hand-written memo, dated 17/8/93, records the times that Mrs Cullen had tried to get through to my phone and reports Tina’s failed attempt to contact me.
So arbitration seemed the only solution.
5 October 1993: The draft of the COT Fast Track Settlement Proposal (FTSP) from AUSTEL’s Robin Davey states, at point 40:-
“Finally, if the attached letter (Attachment ‘D’) dated 7 July 1993 from Freehill, Hollingdale & Page to one of the COT Cases’ solicitors is indicative of the way that Freehill, Hollingdale & Page have approached the COT Cases in the past, I would be more than a little concerned if they were to have a continuing role.” (GS-CAV Exhibit 89 to 154(b) - See GS-CAV 110)
11 October, 1993: Telstra internal email H36291 confirms Telstra’s knowledge of the 1800 network billing problems Peter Zeagers to Nigel Beaman:-
“I am receiving a disturbing number of reports of instances where the 1800 prefix ‘does not work’ in the network.” (AS-CAV Exhibit 92 to 127 - See AS-CAV 122-D)
14 October 1993: This internal Telstra email FOI folio R03331 discusses how to minimise the problems experienced by the COT claimants. It states:-
“We need to focus Austel’s attention as much as possible on the current rather than the past level of service delivered to Cot Cases. …”
“My view is that Telecom’s response to this issue should reflect the advice from Denise McBurnie, Freehill, Hollingdale & Page, Solicitors.” (GS-CAV Exhibit 89 to 154(b) - See GS-CAV 111)
19 October 1993: This document from Denise McBurnie to Don Pinel titled Legal Professional Privilege/Commercial In Confidence. includes the following:-
“Duesbury & FHP continuing of evaluating claim – final report to Telecom will be privileged and will not be made available to ”
“Telecom preparing report for FHP analysing data available on services (ie. CCAS, Leopard, CABS and file notes) – this report will be privileged and will not be made available to (blank).” (GS-CAV Exhibit 89 to 154(b) - See GS-CAV 112)
It is clear from the above letters of 14th and 19th October 1993 that Telstra had no intention of listening to Robin Davey’s concerns about Freehills having a continuing role in the COT case issues.
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)
Even though I had been able to show the government before arbitration that Telstra was installing poor-quality infrastructure in the Cape Bridgewater network and the government regulator was allowing Telstra to test their own customers' complaints, even those who were to enter arbitration, no one bothered to investigate.
I have brought up the Ericsson AXE telephone exchange faults documents (see below) because, during a meeting with Hon. David Hawker, we discussed the impact of the AXE equipment installed in the telephone exchanges in his electorate, which seemed to be negatively affecting many businesses. I offered to continue supplying FOI documents received from Telstra to Mr Hawker, who would then pass them on to the Shadow Minister for Communications, Senator Richard Alston. I followed up by sending him (False Witness Statement File No 3-A), which he forwarded to Senator Alston. This document was subsequently raised in the Senate "On Notice" on 24 February 1994
Malfeasance
Ongoing Ericsson AXE telephone problems
A further Telstra documents, in this illusive briefcase dated 2 July 1992, concerning the Portland AXE telephone exchange states:
“Our local technicians believe that Mr Smith is correct in raising complaints about incoming callers to his number receiving a Recorded Voice Announcement saying that the number is disconnected.
“They believe that it is a problem that is occurring in increasing numbers as more and more customers are connected to AXE.” (See False Witness Statement File No 3-A)
It is confirmed from this other Telstra document that Telstra already knew my phone complaints were valid. This can best be viewed by reading Folios C04007 and C04008, headed TELECOM SECRET (see Front Page Part Two 2-B), states:
“Legal position – Mr Smith’s service problems were network related and spanned a period of 3-4 years. Hence Telecom’s position of legal liability was covered by a number of different acts and regulations. … In my opinion Alan Smith’s case was not a good one to test Section 8 for any previous immunities – given his evidence and claims. I do not believe it would be in Telecom’s interest to have this case go to court.
“Overall, Mr Smith’s telephone service had suffered from a poor grade of network performance over a period of several years; with some difficulty to detect exchange problems in the last 8 months.”
On 3 March 1994, this article appeared in the Portland Observer newspaper (AS 773-b), noting:
“Federal Police officers are investigating allegations of possible illegal activity on the part of Telecom Australia.
Officers from the Federal Police visited Portland last week and interviewed Cape Bridgewater Holiday Camp proprietor, Alan Smith, who is one of the four original members of COT (Casualties of Telecom).”
My 3 February 1994 letter to Michael Lee, Minister for Communications (see Hacking-Julian Assange File No/27-A) and a subsequent letter from Fay Holthuyzen, assistant to the minister (see Hacking-Julian Assange File No/27-B), to Telstra’s corporate secretary, show that I was concerned that my faxes were being illegally intercepted.
An internal government memo, dated 25 February 1994, confirms that the minister advised me that the Australian Federal Police (AFP) would investigate my illegal phone/fax interception allegations. (Hacking-Julian Assange File No/28)
AUSTEL (the then government communications authority) wrote to Telstra during the early part of the COT arbitrations on 10 February 1994, stating:
“Yesterday we were called upon by officers of the Australian Federal Police in relation to the taping of the telephone services of COT Cases.
“Given the investigation now being conducted by that agency and the responsibilities imposed on AUSTEL by section 47 of the Telecommunications Act 1991, the nine tapes previously supplied by Telecom to AUSTEL were made available for the attention of the Commissioner of Police.” (See Illegal Interception File No/3)
Question 81 in the following AFP transcripts, Australian Federal Police Investigation File No/1, confirms that the AFP told me that AUSTEL's John MacMahon had supplied the AFP evidence that my phones had been bugged over an extended period. Why did the arbitrator not award me in his official findings concerning this evidence after he was supplied with these AFP transcripts, which note:?
"... does identify the fact that, that you were live monitored for a period of time. See we're quite satisfied that, there are other references to it".
A letter dated 2 March 1994 from Telstra’s Corporate Solicitor, Ian Row, to Detective Superintendent Jeff Penrose (refer to Home Page Part-One File No/9-A to 9-C) strongly indicates that Mr Penrose was grievously misled and deceived about the faxing problems discussed in the letter. Over the years, numerous individuals, including Mr Neil Jepson, Barrister at the Major Fraud Group Victoria Police, have rigorously compared the four exhibits labelled (File No/9-C) with the interception evidence revealed in Open Letter File No/12 and File No/13. They emphatically assert that if Ian Row had not misled the AFP regarding the faxing problems, the AFP could have prevented Telstra from intercepting the relevant arbitration documents in March 1994, thus avoiding any damage to the COT arbitration claims.
In my case, as evidenced by the following two links, the arbitrator's failure to compel Telstra to address my ongoing telephone issues enabled Telstra to persist in ignoring the problems. This ultimately led to my reluctant decision to sell my Cape Bridgewater Holiday Camp and residence in December 2001 after enduring seven years of ongoing telephone problems after completing my arbitration on 11 May 1995. Subsequently, the new owners, Jenny and Darren Lewis, encountered the same phone faults, corroborated by the following two links. By December 2008, their bankruptcy declaration in the Melbourne Magistrates Court resulted in their eviction from the property in August 2009, leaving them broken. Chapter 4, The New Owners Tell Their Story, and Chapter 5, Immoral - hypocritical Conduct.
Upon discovering that the COT Cases had engaged the services of George Close and Associates to assist with their arbitration claims, Telstra took proactive measures. Specifically, they implemented a facsimile interception system at Mr. Close's residence and office. The objective was to intercept the FOI documents Mr Close was instructing his COT Case clients to access from Telstra, a critical component for the claimants' chances of success in their claim.
Infringe upon the civil liberties.
Most Disturbing And Unacceptable
On 27 January 1999, after having also read my first attempt at writing my manuscript absentjustice.com, the same manuscript I provided Sister Maureen Burke IBVM and Helen Handbury, Senator Kim Carr wrote:
“I continue to maintain a strong interest in your case along with those of your fellow ‘Casualties of Telstra’. The appalling manner in which you have been treated by Telstra is in itself reason to pursue the issues, but also confirms my strongly held belief in the need for Telstra to remain firmly in public ownership and subject to public and parliamentary scrutiny and accountability.
“Your manuscript demonstrates quite clearly how Telstra has been prepared to infringe upon the civil liberties of Australian citizens in a manner that is most disturbing and unacceptable.”
In my 1998 draft manuscript (referred to above), I presented a compelling argument to Senator Kim Carr and Helen Handbury, the sister of Rupert Murdoch, and Maureen Burke IBVM. I detailed how AUSTEL (now ACMA), the government communications regulator, deliberately distorted its findings to benefit Telstra in its report on the COT Cases. This manipulation deeply troubled Helen, as it underscored the alarming extent of Telstra's influence over government decisions. The original draft report, discussed with the COT Cases during a critical two-day meeting at AUSTEL's headquarters in Queens Road, Melbourne, on April 7 and 8, 1994, revealed that around 120,000 customers across Australia were grappling with COT-type complaints against Telstra.
However, on 13 April 1993, the final report was submitted to the government, and the arbitrator shockingly stated that 120,000 COT-type Telstra customers "...may be higher than Telecom's original estimate of 50." This significant discrepancy (removing the correct figure) still needs scrutiny and raises serious concerns about the government's transparency and regulatory accountability during the government-endorsed COT arbitrations.
This situation raises a critical inquiry: did the 120,000 COT-type customers across Australia, as referenced in Falsification Report File No/8, only experience some of the phone problems raised by the COT Cases? Could some of those 120,000 COT type-phone complaints have been refuted for billing claims, as well as the phone faults that had caused the billing problems, making those claims two-fold complaints? These challenges may indeed be linked to problems associated with the Ericsson AXE telephone exchange, which is currently under scrutiny by AUSTEL, alongside concerns regarding CAN and AXE (as documented in (Falsification Report File No/8).
The arbitrator involved in the COT case arbitrations, whose actions appeared to favour government interests, asserted that there were no ongoing issues affecting the Cape Bridgewater Holiday Camp. In his May 11, 1995 award, he acknowledged only outdated, anecdotal faults related to Telstra, disregarding the pressing ongoing problems. Had he been informed of the significant 120,000 unresolved faults within Telstra, he might have prompted his technical consultants to conduct a comprehensive investigation into the validity of my ongoing telephone fault complaints.
PLEASE NOTE:
I have raised an important question regarding whether some of the 120,000 COT-type complaints were, in fact, related to billing issues. Frank Blount, the CEO who managed the COT arbitrations for Telstra, acknowledges in his 2000 co-produced book that systemic billing problems plagued Telstra. Yet, remarkably, Telstra's defence against my billing claims was only addressed in a secretive meeting with the government on October 16, 1995—five months after my arbitration concluded. Refer to Chapter 14 - Was it Legal or Illegal? This covert handling of arbitration claims, where defence documents were utilized without allowing me my legal right to respond, is simply unacceptable and unheard of in most if not all, Western nations that rely on arbitration for dispute resolution.
The following link https://www.qbd.com.au › managing-in-Australia › fran› makes it clear that Frank Blount, former CEO of Telstra, took a pivotal step after his departure by co-publishing a manuscript in 1999 titled *Managing in Australia*. In this work, he uncovers significant issues that Telstra had concealed from its 1800 customers, particularly in relation to the systemic billing problems highlighted by the COT arbitrator appointed by the government. Notably, on pages 132 and 133, the author decisively addresses these critical concerns.
- “Blount was shocked, but his anxiety level continued to rise when he discovered this wasn’t an isolated problem.
- The picture that emerged made it crystal clear that performance was sub-standard.” (See File 122-i - CAV Exhibit 92 to 127)
It is crucial to emphasize the significance of the four letters dated 17 August 2017, 6 October 2017, 9 October 2017, and 10 October 2017, authored by COT Case Ann Garms shortly before her passing. These letters were addressed to The Hon. Malcolm Turnbull MP, Prime Minister of Australia, and Senator the Hon. Mathias Cormann (See File Ann Garms 104 Document).
On 1 June 2021, Mathias Cormann officially assumed office as the Secretary-General of the OECD in Paris, France. Similarly to Australia's former Prime Minister Malcolm Turnbull, he possesses comprehensive knowledge about the legitimacy of the COT Cases claims. During the period when Ann Garms sent the four attached letters, I also engaged in direct communication with The Hon. Malcolm Turnbull, MP, during his tenure as Minister for Communications and Prime Minister of Australia.
On my behalf, a lawyer from Hamilton presented a comprehensive timeline of events to The Hon. Mathias Cormann, Minister for Finance, regarding the issues detailed on absentjustice.com. This was formalized in a statutory declaration dated 26 July 2019, which we both witnessed. The brief version of that Chronology of Events is now firmly established on the Absent Justice Part 1, Part 2 and Part 3 webpage.
On March 23, 1999, the Australian Financial Review conducted a thorough investigation into the conduct of twenty-one arbitration and mediation processes, including my own, which had been finalized almost five years prior. The findings of their investigation prompted the Senate Estimates Committee to issue a statement.
“A Senate working party delivered a damning report into the COT dispute. The report focused on the difficulties encountered by COT members as they sought to obtain documents from Telstra. The report found Telstra had deliberately withheld important network documents and/or provided them too late and forced members to proceed with arbitration without the necessary information,” Senator Eggleston said. “They have defied the Senate working party. Their conduct is to act as a law unto themselves.”
The following six senators formally recorded how they believed that Telstra had 'acted as a law unto themselves' leading up to and throughout the COT arbitrations; however, where were Dr Gordon Hughes (the arbitrator) and Warwick Smith (the administrator of the arbitrations) when this disgraceful conduct towards the COT Cases was being carried out?
Eggleston, Sen Alan – Bishop, Sen Mark – Boswell, Sen Ronald – Carr, Sen Kim – Schacht, Sen Chris, Alston and Sen Richard) .
On November 21, 2007, I received a significant document from the Australian Communications and Media Authority (ACMA) under the provisions of the Freedom of Information (FOI) Act. This document contained AUSTEL’s original draft findings, dated March 2-3, 1994, regarding the telephone challenges experienced at the Cape Bridgewater Holiday Camp from 1988 to 1994—twelve years after the conclusion of my arbitration and thirteen years after my initial request for this information.
The report elucidates the considerable obstacles faced by AUSTEL, as the government regulator, in obtaining essential documents from Telstra, a corporation fully owned by the government at that time. Given the regulatory difficulties experienced, it would have been prudent to suspend the arbitration process until all necessary evidence was made available. Such evidence is crucial for all parties to effectively substantiate or refute the claims associated with each Claim of Ordinary Telephone (COT) case.
The government's inability to access pivotal documents compromised the integrity of the arbitration process, yet claimants were still expected to expend substantial financial resources in attempts to acquire documents from Telstra—documents that even the regulator found challenging to obtain. This fundamental oversight constitutes a breach of the statutory obligations owed to the COT cases and permitted Warwick Smith (the administrator of the arbitrations) and Dr. Gordon Hughes (the arbitrator) to compel the COT claimants into arbitration without the requisite documentation to support their assertions.
As a result of not receiving critical records during our respective arbitrations, we, the COT claimants, were unable to convincingly demonstrate to the arbitrator that our telephone faults persisted. Below, I outline specific areas within the AUSTEL draft report where access to Telstra's records concerning the service provided to me proved challenging.
Point 43 on page 20 “As no fault report records remain in existence from Cape Bridgewater residents prior to this period, or these records have not been provided to AUSTEL, it is difficult to gauge the level of problems in the area.”
Point 48 on page 22 “AUSTEL has been hampered in assessing Telecom’s dealings with Mr Smith by Telecom’s failure to provide files relating to Mr Smith’s complaints.”
Point 71 on pages 28 and 29 “AUSTEL has not been provided with the documents on which the conclusion in this briefing summary were reached, such as fault reports from other Cape Bridgewater subscribers over this period or the details of the final selector fault. It would have been expected that these documents would have been retained on file as background to the summary. It can only be assumed that they are contained within the documentation not provided to AUSTEL.”
Point 140 on page 49 “It should be noted that AUSTEL’s investigation of matters relating to the RCM problem has been hampered by Telecom’s failure to make available to AUSTEL a file specifically relating to the Pairs Gains Support investigation of the RCM. The file was requested by AUSTEL on 9 February 1994.”
Point 160 on page 55 “It should be noted that it is hoped that a number of issues in regard to the Cape Bridgewater RCM will be clarified when Telecom provides the documentation requested by AUSTEL.”
I wish to reiterate an important matter: Once AUSTEL became fully aware that Telstra was withholding pertinent information, it became evident that AUSTEL should not have permitted the arbitration and mediation processes to continue. This information was essential for the government communications regulator to prepare its official report for the minister, particularly since these processes were intended to be based on information that Telstra had declined to provide.
By allowing the arbitrations and mediations to proceed, AUSTEL neglected its duty of care toward the COT cases. If the government could not formally mandate that Telstra furnish the necessary records to the minister, what prospects did the COT cases possess in obtaining similar documents?
The document dated 22 September 1994 is a transcript from an oral interview conducted at the Commonwealth Ombudsman’s Office with AUSTEL representatives Bruce Matthews and John McMahon. On page 7 of this manuscript, the Commonwealth Ombudsman’s officer, John Wynack, posed the following question:
"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 then".
The actions undertaken by AUSTEL constitute a significant abuse of process. AUSTEL permitted me to initiate arbitration and legal proceedings against Telstra without providing the requisite documents necessary to substantiate my claim. Furthermore, I incurred expenses exceeding $300,000 in arbitration fees to establish a case that the government had already substantiated against Telstra, utilizing extracts from Telstra's Portland telephone exchange logbook. Notably, both the government and Telstra declined to supply this logbook during the discovery process and under the Freedom of Information Act. This situation raises serious concerns regarding AUSTEL’s breach of its statutory obligations to me as a citizen of Australia.
As clearly documented on my website, absentjustice.com, I have devoted the past thirty years to pursuing the issues related to AUSTEL and ACMA for this very reason.
The document , dated March 1994, unequivocally confirms that the government public servants who investigated my ongoing telephone issues validated my claims against Telstra between Points 2 and 212. It's clear that had the arbitrator reviewed AUSTEL’s Adverse Findings, the award for my financial business losses would have been significantly higher than what was ultimately granted.
The ongoing loss of business and revenue is undeniable. As highlighted in point 153 of AUSTEL’s Adverse Findings, it’s evident from the statement issued by the government technical consultants who compiled the 68-page, 212-point report that, despite the installation of the new RCM facility at Cape Bridgewater by Telstra, there was a significant oversight for eighteen months Telstra failed to program the alarm system in the RCM, which should have notified the Portland technicians—18 kilometres away—of any faults affecting one, two, or even three of the 132 residents relying on this roadside box for connectivity to the outside world.
Point 153 –“A feature of the RCM system is that when a system goes “down” the system is also capable of automatically returning back to service. As quoted above, normally when the system goes “down” an alarm would have been generated at the Portland exchange, alerting local staff to a problem in the network. This would not have occurred in the case of the Cape Bridgewater RCM however, as the alarms had not been programmed. It was some 18 months after the RCM was put into operation that the fact the alarms were not programmed was discovered. In normal circumstances the failure to program the alarms would have been deficient, but in the case of the ongoing complaints from Mr Smith and other subscribers in the area the failure to program these alarms or determine whether they were programmed is almost inconceivable.”
To aid newcomers to this website, absentjustice, I have highlighted twelve significant findings from the government's investigation see (AUSTEL’s Adverse Findings, which are marked in red below. These findings were derived from the Telstra Portland/Cape Bridgewater telephone exchange logbook, which Telstra withheld from me during my arbitration process. This concealment hindered my ability to comprehensively demonstrate my claims, particularly those that continued to adversely affect my business during the arbitration. Those who compare the highlighted twelve points with the findings in (AUSTEL’s Adverse Findings will recognize their alignment. I encourage individuals interested in further examination of these transcriptions to download (AUSTEL’s Adverse Findings. Your understanding of this matter is essential.
The government only released this 68-page, 212-point report to me on November 2oo7, twelve years after the completion of my arbitration on May 11, 1995.
Point 23 – “It is difficult to discern exactly who had responsibility for Mr Smith’s problems at the time, and how information on his problems was disseminated within Telecom. Information imparted by the Portland officer on 10 February 1993 of suspected problems in the RCM “caused by a lighting (sic) strike to a bearer in late November” led to a specialist examination of the RCM on March 1993. Serious problems were identified by this examination.”
Point 25 – "It should also be noted that during the period of time covered by this chronology of significance events it is clear
- Telecom had conducted extensive testing
- Cape Bridgewater Holiday Camp frequestly reported problems with the quality of telephone service
- both the camp and Telecom were receiving confirmation of reported from other network users
- major faults were identified more through persitense reporting of probles by customer than through testing of the network
- customers in the Cape Bridgewater area also complaining of similar problems
Point 32 – "Telecom's communications with Mr Smith in the months prior to settlement uniformaly argued that the Cape Bridgewater Holiday Camp was at an acceptable level and that Telecom was capable of rapidly rectifying faults as they occured."
Point 42 – “Some important questions are raised by the possible existence of a cable problem affecting the Cape Bridgewater Holiday Camp service. Foremost of these questions is why was the test call program conducted during July and August 1992 did not lead to the discovery of the cable problem. Another important question is exactly how the cable problem would have manifested in terms of service difficulties to the subscriber.”
Point 44 – “Given the range of faults being experienced by Mr Smith and other subscribers in Cape Bridgewater, it is clear that Telecom should have initiated more comprehensive action than the test call program. It appears that there was expensive reliance on the results of the test program and insufficient analysis of other data identifying problems. Again, this deficiency demonstrated Telecom’s lack of a comprehensive and co-ordinated approach to resolution of Mr Smith’s problems.”
Point 46 –“File evidence clearly indicates that Telecom at the time of settlement with Mr Smith had not taken appropriate action to identify possible problems with the RCM . It was not until a resurgence of complaints from Mr Smith in early 1993 that appropriate investigative action was undertaken on this potential cause In March 1993 a major fault was discovered in the digital remote customer multiplexer (RCM) providing telephone service to Cape Bridgewater holiday camp. This fault may have been existence for approximately 18 months. The Fault would have affected approximately one third of subscribers receiving a service of this RCM. Given the nature of Mr Smith’s business in comparison with the essentially domestic services surrounding subscribers, Mr Smith would have been more affected by this problem due to the greater volume of incoming traffic than his neighbours.”
Point 47 –“Telecom's ignorance of the existence of the RCM fault raises a number of questions in regard to Telecom's settlement with Smith. For example, on what bases was settlement made by Telecom if this fault was not known to them at this time? Did Telecom settle with Mr Smith on the bases that his complaints , of faults were justified without a full investigation of the validity of these complaints, or did Telecom settle on the basis of faults substantiated to the time of settlement? Wither criteria for settlement would have been inadequate, with the later critera disadvantaging Mr Smith, as knowledge of the existence of more faults on his service may have led to an increase in the amount offered for settlement of his claims".
Point 109 – The view of the local Telecom technicians in relation to the RVA problem is conveyed in a 2 July 1992 Minute from Customer Service Manager – Hamilton to Managers in the Network Operations and Vic/Tas Fault Bureau:
- “Our local technicians believe that Mr Smith is correct in raising complaints about incoming callers to his number receiving a Recorded Voice Announcement saying that the number is disconnecte. They believe that it is a problem that is occurring in increasing numbers as more and more customers are connected to AXE. (AXE – Portland telephone exchange)”
Point 115 –“Some problems with incorrectly coded data seem to have existed for a considerable period of time. In July 1993 Mr Smith reported a problem with payphones dropping out on answer to calls made utilising his 008 number. Telecom diagnosed the problem as being to “Due to incorrect data in AXE 1004, CC-1. Fault repaired by Ballarat OSC 8/7/93, The original deadline for the data to be changed was June 14th 1991. Mr Smith’s complaint led to the identification of a problem which had existed for two years.”
Point 158 – “The crucial issue in regard to the Cape Bridgewater RCM is that assuming the lightning strike did cause problems to the RCM om late November 1992 these problems were not resolved till the beginning of March 1993, over 3 months later. This was despite a number of indications of problems in the Cape Bridgewater area. Fault reports from September 1992 also indicate that the commencement of problems with the RCM may have occurred earlier than November 1992. A related issue is that Mr Smith’s persistent complaints were almost certainly responsible for an earlier identification of problems with the RCM than would otherwise have been the case.”
Point 169 –" Documentation reviewed indicates that other network users attached to the Cape Bridgewater exchange did report problems similar to those experienced by Cape Bridgewater Holiday Camp. It is also clear that problems identified in the area would have impacted on other network users as well as Cape Bridgewater Holiday Camp."
Point 209 – “Cape Bridgewater Holiday Camp has a history of service difficulties dating back to 1988. Although most of the documentation dates from 1991 it is apparent that the camp has had ongoing service difficulties for the past six years which has impacted on its business operations causing losses and erosion of customer base.”