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Chapter Four - The Seventh Damning Letter

Absent Justice - Prologue

On 27 February 1996, John Pinnock wrote to Laurie James (see point 4 above), attacking my credibility. The TIO deliberately misinformed Mr James that I had telephoned the arbitrator’s wife at 2 am one morning:

“Mr Smith has admitted to me in writing that last year he rang Dr Hughes’ home phone number (apparently in the middle of the night, at approximately 2.00am) and spoke to Dr Hughes’ wife, impersonating a member of the Resource Unit.” (See page 3, Arbitrator File No /49)

Who advised the TIO that I telephoned at approximately 2 am? The telephone account for the evening in question (also in Arbitrator File No /49) confirms I called at 8.02 pm. It is bad enough to see the lies told regarding the actual time that I made this telephone call, but it is perhaps even worse to discover that my reason for making that call was concealed from Mr James. I phoned the arbitrator to alert him I had, that day – 28 November 1995 – received vital arbitration documents that I should have received during my arbitration and these documents definitively proved Telstra’s TF200 EXICOM arbitration defence report was manufactured to pervert the course of justice.

It was exciting to read that Telstra staff proved beer could not have stayed wet and sticky for 14 days – the time between the TF200 EXICOM leaving my premises and arriving at their laboratory. It was already evening but, in the heat of the moment, I rang the arbitrator’s home number. His wife answered and told me he was overseas and not due home for some days.

I was caught on the back foot; in my excitement, I had not considered the arbitrator would not answer the phone. I assumed the arbitrator had discussed the Parliament House rumours, concerning his use of a non-credible agreement, with his wife. I thought if she knew who was calling, she might be afraid I was ringing to accuse the arbitrator. Impulsively, I gave her another name: one I knew the arbitrator was familiar with – that of the FHCA project manager.

Later, I informed the TIO about my exciting find and that I tried to contact the arbitrator to pass on the news. I also explained I gave the arbitrator’s wife the FHCA project manager’s name, instead of my own, to prevent her from being alarmed. I asked him what he would do with this proof that Telstra had fabricated the beer in the phone story. The TIO responded flatly that my arbitration had run its course and he did not intend to involve his office in any further investigation. He said I should go to the Supreme Court of Victoria if I wished to take it further.

If I did write to the TIO, as he alleges in his letter to Laurie James, why didn’t the TIO produce my letter? The reason is, of course, that I never wrote any such letter. Just as deceitful as claiming I wrote such a letter, is the fact that the TIO’s letter to Laurie James was copied to the arbitrator.

Surely the arbitrator would have discussed my telephone call with his wife and been told by her that I had telephoned at 8.02pm and I was, at all times, courteous and respectful.

Did Dr Hughes and John Pinnock allow Dr Hughes’ wife’s name to be used to stop Mr James from uncovering Dr Hughes letter of 12 May 1995 (see Chapter Five)? Or was it to stop Mr James from investigating Telstra’s conjured TF200 report.

There is more to our story and the way in which Dr. Hughes allowed his good wife’s name to be used to stop an investigation into the now proven conjured ‘sticky beer’ substance TF200 Arbitration Report.

I doubt, even now 20-plus years after the event, Dr Hughes’ wife knows he used her to stop a transparent investigation by Laurie James, (then president of the Institute of Arbitrators Australia) into why her husband and John Pinnock (the second TIO) would not investigate the fresh TF200 EXICOM evidence that arrived on 28 November 1995, confirming that 11 months previously Telstra fraudulently manufactured their TF200 EXICOM arbitration report. I am sure Mrs Hughes would be alarmed that John Pinnock deceived Mr James by advising I wrote to him stating I telephoned Dr Hughes at 2.00 am when no such letter ever existed. John Pinnock’s letter, dated 27 February 1996, was also copied to her husband. Why did Dr. Hughes allow such a letter to be sent when he must have known I did not telephone his wife at 2.00 am at all: I telephoned at 8:02 pm to tell Dr Hughes what this fresh evidence finally revealed (see Tampering With Evidence).

This tampering with evidence after it left my premises raises a most important question: why has the Australian government not advised the Telstra board that Telstra have both a legal and moral obligation to rectify these as a matter of public interest because this tampering with evidence, during a litigation process, was committed when the Australian Government and its people owned the Telstra Corporation.

It is bad enough to have to live with the knowledge that the Arbitration Resource Unit, and the Arbitrator, failed to investigate my complaints of the multiple, ongoing telephone problems that continued to haunt my struggling business throughout my arbitration process, but the situation becomes even worse when you consider what was to come when John Pinnock (the new administrator of the process) who also held the role of TIO advised Australian politicians that all of the problems I was still complaining about had been fixed during the arbitration, even though Mr Pinnock (the new TIO) were actually still receiving correspondence from Telstra, thirty-three months after my arbitration had ended, claiming that it ‘appeared’ as though the problems had continued to occur after the so-called ‘end’ of my arbitration.  What this does highlight however is a clear indication of how corrupt the whole COT arbitration process was: it had been designed, from the very beginning to cover-up Telstra’s bad workmanship, regardless of the cost, and the cost of that cover-up was the destruction of anyone who was prepared to stand up and raise legitimate complaints, with the Government, in relation to Telstra, on any level.

As we have shown on Open letter File No/46-A to 46-l and in Prologue/Chapters One, on 3 October 1995 and again on 15 November 1995, the Government Communications Regulator and the TIO’s Arbitration Resource Unit advised Mr Pinnock that Telstra had still not investigated or addressed any of my 008/1800 billing claim originally raised during my 1994 arbitration process but that didn’t stop Mr Pinnock from continuing to write to the Communications Minister’s office and my local Federal Member of Parliament, from January 1996 to January 1999 (and beyond) continuing to claim that the billing issues I had raised during that process had already been addressed in full during my previous arbitration of 1994 when the evidence shows that he knew full well that they had not been addressed during that process.

It may well be that Dr Hughes' secretary, Caroline Freind, might have thought she was helping me when she and her assistant provided Dr Hughes' arbitration files back to me, but what Ms Freind did not understand was that discovering just how corrupt and unethical Dr Hughes had been, both before and during my arbitration, had left me haunted by that corrupted evidence forever.  I believe that she had no comprehension of how this has not only completely ruined my life, but has equally ruined my partner’s life too.

If I had never seen those corrupt files (now displayed on absentjstice.com,) then perhaps, in time, I could have walked away from the whole ghastly COT situation but, once I had seen this irrefutable evidence against Dr Hughes, against his arbitration consultants, and against Warwick Smith (the administrator of the COT process), that evidence absolutely ended any chance of that ever happening for me.  Instead it left me fighting for justice (so far) for twenty-eight years.

Absent Justice - Hon David Hawker MP

Carolyn Friend's files tell a different story to the one told by Dr Hughes  

After Carolyn Friend (Dr Gordon Hughes's secretary) had returned this terrible evidence, amongst these documents were other COT Cases claim material that had nothing to do with my arbitration matters. When I pointed out to the Deputy administrator of my arbitration Wally Rothwell, that arbitration faxed claim documents belonging to COT Cases Ann Garm's from Brisbane Queensland was stapled to some of my faxes, he advised he would contact John Pinnock, the second appointed administrator to the COT arbitrations. No response has ever been received regarding these faxing problems. 

None of the COT Cases knew of this possible conflict of interest or the fact that faxes arriving at the arbitrator's Melbourne office after the close of business each day were automatically redirected to the Sydney office where Telstra related legal documents were also being received assessed by the Sydney lawyers.   

According to this letter dated 30 July 2009, from Graham Schorer (COT spokesperson) and ex-client of the arbitrator Dr Hughes (see Chapter 3 - Conflict of Interest) wrote to Paul Crowley CEO Institute of Arbitrators Mediators Australia (IAMA), attaching a statutory declaration (see Burying The Evidence File 13-H and a copy of a previous letter dated 4 August 1998 from Mr Schorer to me, detailing a phone conversation Mr Schorer had with Dr Hughes early in 1994 regarding lost Telstra COT related faxes. During that conversation, the arbitrator explained, in some detail that:

“Hunt & Hunt [The company’s] Australian Head Office of was located in Sydney and [the company] is a member of an international association of law firms. Due to overseas time zone differences, at close of business, [the company’s] Melbourne’s incoming facsimiles are night switched to automatically divert to Hunt & Hunt Sydney office where someone is always on duty. There are occasions on the opening of the Melbourne office, the person responsible for cancelling the night switching of incoming faxes from the Melbourne office to the Sydney Office, has failed to cancel the automatic diversion of incoming facsimiles.”Burying The Evidence File 13-H.

These lost faxes, which were initially faxed to the arbitrator's office, played a significant role in the COT arbitrations, as shown throughout this website.

Had I been provided with this advice concerning the deficiencies in the faxing process between Dr Hughes Sydney office and his Melbourne office, I would undoubtedly have had reasonable grounds to appeal my award during the designated appeal process. 

Was the real reason Dr Hughes (the arbitrator) did not make a finding regarding my lost faxes or carry out an investigation as to why so many of my claim documents did not arrive at his office for assessment is that had he asked his technical resource unit DMR & Lane they may have uncovered some of my lost faxes was due to the known faxing problems between the arbitrator Melbourne and Sydney offices?

Was it the realization of the damage that these lost faxes had casued me during my arbitration that prompted Caroline Freind, to provided so much damging evidence against Dr Hughes? 

 

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“I am writing in reference to your article in last Friday’s Herald-Sun (2nd April 1993) about phone difficulties experienced by businesses.

I wish to confirm that I have had problems trying to contact Cape Bridgewater Holiday Camp over the past 2 years.

I also experienced problems while trying to organise our family camp for September this year. On numerous occasions I have rung from both this business number 053 424 675 and also my home number and received no response – a dead line.

I rang around the end of February (1993) and twice was subjected to a piercing noise similar to a fax. I reported this incident to Telstra who got the same noise when testing.”

Cathy Lindsey

“…your persistence to bring about improvements to Telecom’s country services. I regret that it was at such a high personal cost.”

The Hon David Hawker MP

“…the very large number of persons that had been forced into an arbitration process and have been obliged to settle as a result of the sheer weight that Telstra has brought to bear on them as a consequence where they have faced financial ruin if they did not settle…”

Senator Carr

“A number of people seem to be experiencing some or all of the problems which you have outlined to me. …

“I trust that your meeting tomorrow with Senators Alston and Boswell is a profitable one.”

Hon David Hawker MP

“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”

Sister Burke

“Only I know from personal experience that your story is true, otherwise I would find it difficult to believe. I was amazed and impressed with the thorough, detailed work you have done in your efforts to find justice”

Sister Burke

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

– Edmund Burke