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Tampering With Evidence

Absent Justice - 12 Remedies Persued - 2

The following internal Government Memo dated On 25 February 1994 confirms that the then-Minister for Communications and the Arts had written to me to advise that the Australian Federal Police (AFP) would investigate my allegations of illegal phone/fax interception. (AFP Evidence File No 4)

It was the following See AFP Evidence File No 9 that the Australian Federal Police found of interest as well as my claims that Freedom of Information documents provded to me under the FOI Act by Telstra as well as other COT Cases suggested my private life was not so private at all. What we did not know is Telstra has a fax screening secondary machine intercepting our faxes. This was later supported by two communications experts (see Open Letter File No 55-A) is the same as the fax imprint described in the Scandrett & Associates report (see Open Letter File No/12 and File No/13.

One of the two technical consultants attesting to the validity of this Scandrett & Associates report (see Open Letter File No/12 and File No/13 fax 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)

The fact that a secondary fax machine installed in Telstra’s network during the arbitration process intercepted this document (see Hacking-Julian Assange File No 26 is another reason why this illegal interception of legal in-confidence documents should have been investigated during our arbitrations, when these illegal acts were first discovered. However, with that said, it does suggest that by comparing Open Letter File No/12File No/13 with the malfunction between faxes installed by Telstra in Golden Messenger Courier Service in Melbourne and my office in Cape Bridgewater (See See AFP Evidence File No 9) that a fax copying machine was causing the lines to lock up and that this side of Telstra was unaware my service lines were being hacked by their own company. 

This is why the following [  ] shows how surprised these fax testing techncians were with the results of their testing as highlighted in red below.

This Telstra document dated 29 October 1993 shows that faxes being tested between COT spokesperson Graham Schorer Golden Messenger Courier Service and I were still having problems sending faxes between our respective offices. This Telstra internal FOI document K01489 confirms that Portland technician, along another Telstra technician experienced major problems while testing my Mitsubishi fax machine (using the office of Golden Messenger in Melbourne as the testing base, which notes:

‘During testing the Mitsubishi fax machine some alarming patterns of behaviour was noted”. This document further goes on to state: “…Even on calls that were tampered with the fax machine displayed signs of locking up and behaving in a manner not in accordance with the relevant CCITT Group fax rules. Even if the page was sent upside down the time and date and company name should have still appeared on the top of the page, it wasn’t’

During a received call the machine failed to respond at the end of the page even though it had received the entire page (sample #3) The Mitsubishi fax machine remained in the locked up state for a further 2 minutes after the call had terminated, eventually advancing the page out of the machine. (See See AFP Evidence File No 9)

A copy of a letter dated 2 March 1994, from Telstra’s Corporate Solicitor, Ian Row, to Detective Superintendent Jeff Penrose of the Australian Federal Police AFP (see Home Page Part-One File No/9-A to 9-C). This letter makes it quite clear that Mr Penrose was profoundly misled and deceived about the faxing problems I was having to deal with, as discussed in this letter. Over the years, many people have compared the four exhibits numbered (File No/9-C) with the interception evidence revealed in Open Letter File No/12, and File No/13 and promptly concluded that, if Ian Row had not misled the AFP in relation to my faxing issues then the AFP would have been able to stop Telstra from intercepting the various relevant AFP arbitration documents in March 1994, before any damage had been done.

It is essential to highlight how skilfully Mr Row did not disclose to the AFP the problems Telstra had experienced when sending and receiving faxes between my machine and Graham's. So not only did this local Portland Telstra technician pervert the course of justice in his witness statement dated 12 December 1994 to the arbitrator. It is also evident that Ian Row Telstra's Corporate Solicitor misled and deceived Detective Superintendent Jeff Penrose of the Australian Federal Police AFP. Had he and this local Portland technician told the truth concerning my ongoing faxing problems, I would have been able to prove to the arbitrator that my faxing problems were endless and were not old historic phone problems as the arbitrator's award shows. 

I could have also shown the arbitrator that the TF200 touchphone installed into my fax machine was having major lock-up problems, as the following EXICOM reporting shows. In simple terms, I not only had fax hacking problems that were locking up my 055 267230 fax line as See AFP Evidence File No 9 shows, but I also had the known EXICOM TF200 locking up fault. No wonder I had central incoming fax and outgoing telephone calls for years after my arbitration, unaware that all of the EXICOM TF200 phones had locking up faults. 

Absent Justice Ebook

Read Alan’s book
‘Absent Justice’

Alan Smith’s book shows us corruption, fraud and deception perpetrated against fellow Australian citizens by the then government owned Telstra Corporation and the use of an 'arbitration confidentiality gag clause,' which is still being used in 2022 to cover up the many crimes committed by Telstra during their arbitration defence of the COT Cases in 1994 to 1998.

This book is asking the government why are these crimes committed by Telstra being concealed under a gag clause?


All of the main events as quoted in this unbelievable true crime story are supported by copies of the original freedom of Information documents on Alan's website (see Absent Justice Book 2)

Without those documents, most people would really struggle to believe that public officials and their lawyers committed the illegal offences they did.

Using the acquired evidence that can be downloaded from is possibly a world first.


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

The Hon David Hawker MP

“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

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

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

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

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

Cathy Lindsey

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

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

Hon David Hawker MP

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

Hon David Hawker

“…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

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

– Edmund Burke