Ballarat Tourism-absentjustice.com lost business
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The three extractions below point 46, 109 and 115, are taken from government records AUSTEL’s Adverse Findings, dated March 1994, which confirms that between Points 2 and 212, the government public servants who investigated my ongoing telephone problems found my claims against Telstra validated. This 212-point report indicates that in 1993, the Cape Bridgewater fault was reported concerning my ongoing telephone issues. This record reveals that numerous individuals in Ballarat who attempted to contact me over many years acknowledged my complaints and highlighted that addressing these concerns resolved not only my telephone problems but also the persistent issues affecting Ballarat Telstra subscribers for a minimum of two years.
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 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]”
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.
From April 1990 through December 2001, I prioritised sponsoring underprivileged groups to stay at the holiday camp, even during the weeks when the camp was experiencing phone problems. Various charitable organizations coordinated food deliveries for these groups, and coach companies provided a 46-seater school bus, with my endorsed vehicle covering the necessary provisions when I drove. This sponsorship brought in much-needed revenue for the business and helped spread the word as those who visited shared their positive experiences. It's worth noting that the organizers of these groups were so committed that they would drive for hours to make a booking.
The organisers of these groups would 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 several commercial food outlets, and these groups then just used the camp facilities. It didn’t cost me anything other than a small amount of electricity and gas. Around May 1992, I 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, the Principal of Loreto College in Ballarat, and I am sure she would not be offended to know that I think of her as the ‘mother’ of the project.
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; calls were either ringing out, or she was getting a deadline or a message that the number she was ringing was not connected to the Telstra network. Sister Burke knew otherwise. On two occasions in 1992, after trying in vain all through one week, she drove the 3½ hours to make the final arrangements for those camps.
Just as she arrived at the Camp, Karen 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.
But it wasn't the same as it had been with Faye. Karen and I sat and talked. True, we would separate, but I assured her that 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 incredible 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 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 have followed if only the callers could have successfully connected to my office via this dreaded Ericsson AXE 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.
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 being the Telstra Corporate Secretary, the reader by now 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 the first twelve months of 1993, I received another eleven written complaints about Ballarat tourists and single club patrons who, like Loretto College, had problems connecting to my holiday camp.
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.
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.
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 was able to market the holiday periods in both 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 member of the Ballarat Parents Without Partners social club 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 still hardly any phone calls were getting through to Alan at the Camp. What he couldn’t know was that less than twelve months later, AUSTEL would discover that what Alan had been telling Telstra was the truth, but that AUSTEL would hide most of those truths from the relevant Ministers, from Alan and from the arbitrator.
All Alan knew was that his business was sinking fast and so he stepped up the marketing of the camp and the singles-club weekends; he visited numerous recognised social clubs around the Melbourne metropolitan area and spoke personally to the people in charge and in fact, 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, with ads placed 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 a number of 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.
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 [redacted by Telstra] claim – final report to Telecom will be privileged and will not be made available to [redacted by Telstra]”
“Telecom preparing report for FHP analysing data available on [redacted by Telstra] 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 prior to 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.