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Chapter 5 Immoral - hypocritical conduct

BCI and SVT reports - Section One

Absent Justice - My Story

Who highjacked the BCI and SVT Reports 

Although the following Federal Magistrates Court letter dated 3 December 2008, from Darren Lewis has been discussed in Absentjustice – Preface it was relevant to again discuss it here where Darren Lewis states:

“I was advised by Ms McCormick that the Federal Magistrates Court had only received on 5th December 2008 an affidavit prepared by Alan Smith dated 2 December 2008. PLEASE NOTE: I originally enclosed with Alan Smith’s affidavit in the (envelope) overnight mail the following documents:

  1. Two 29 page transparent s/comb bound report titled SVT & BCI – Federal Magistrates Court File No (P) MLG1229/2008 prepared by Alan Smith in support of my claims that I had inherited the ongoing telephone problems and faults when I purchased the Cape Bridgewater Holiday Camp
  2. Two s/comb transparent bound documents titled Exhibits 1 to 34
  3. Two s/comb transparent bound documents titled Exhibits 35 to 71 (the attached 71 Exhibits was enclosed in support of Alan Smith’s 29 page report);
  4. Three CD Disks which incorporated all of the submitted material.

“On learning from Ms McCormick that the information discussed above in points 1 to 4 had not been received by the Federal Magistrates Court I again had a stress attack seizure, a problem I have been suffering with for quite some time due to the predicament I now find myself in and the disbelief that once again my mail has been intercepted. I have attached herewith dated 3rd December 2008, a copy of the Australia Post overnight mail receipt docket numbers SV0750627 and SV0750626 confirming the total cost to send the above aforementioned information was $21.80. I am sure Australia Post would confirm that a large amount of documents would have been enclosed in these two envelopes when they left Portland.” (See My Story Evidence File 12-A to 12-B)

As we have previously mentioned in Absentjustice – Preface Australia Post will not charge any postage fee for an overnight parcel unless they stamp and retain it. Since neither of these parcels arrived at their proper destination with all of the information originally enclosed, those documents must, therefore, have been ‘lost’ between the Portland Post Office and the Magistrates Court.

As I have reported throughout this webpage numerous Telstra COT related arbitration documents (like those lost on route to the Federal Magistrates Court in December 2008) were also lost during 1994/95 on route to the arbitrator hearing my case.

As Darren’s letter shows, I helped him prepare his bankruptcy appeal against the Australian Taxation Office (for back taxes) using my own evidence that the Telstra Corporation, knowingly submitted two false and fundamentally flawed Cape Bridgewater reports to the arbitrator during my arbitration, to deliberately mislead the arbitrator into believing that there were no more ongoing phone problems affecting my business.

After losing my work in transit that had to be copied from the computer and downloaded so as hard copies of my reports could be transcribed into spiral-bound volumes, the Magistrates Court hearing was delayed. It appears from the Magistrates Court judge's findings that my late submitted reports and the exhibits supporting those reports were not taken into consideration when those findings were handed down,

Lost in transit 

Absent Justice - Cape Bridgewater Bay  

Bankrupt in 2009

Darren Lewis was walked off the property by receivers, bankrupt, in August 2008.

After viewing the Cape Bridgewater Holiday Camp (SVT) CCAS data dated 29 September 1994 (see Arbitrator File No/110), Brian Hodge (B Tech, MBA, B.C. Telecommunications), on 27 July 2007, prepared a report. On page 22, he states:

“It is my opinion that the reports submitted to Austel on this testing program was [sic] flawed, erroneous, fictitious, fraudulent & fabricated, as it is clear that no such testing has taken place as Telstra’s own call charge system DOES NOT record any such activities. Therefore the results are flawed or did not occur.” (See Main Evidence File No 3)

Mr Hodges concluded Telstra fabricated their reports about the many ongoing telephone problems still affecting the holiday camp CAN as late as November 2006. Many of these problems were caused by moisture affecting both the copper-wire and optical fibre joints in the CAN. These problems were so bad that, in late 2006, Telstra actually had to disconnect the Cape Bridgewater Holiday Camp from the fibre network and return it back to the already-corroded copper-wire network (see Open Letter File No/23).

As Brian Hodge's report was attached to my SVT report, that evidence prepared by an ex-Telstra technical guru, which proved Darren and Jenny did have a valid claim, was also ignored by the Magistrate. By then, Darren was a psychological mess.

In my 157-page Statement of Facts and Contentions dated 26 July 2008, which I provided to Mr Friedman and ACMA, I clearly defined how, for reasons unknown, AUSTEL, and later the ACA and ACMA, did not conduct themselves in a properly transparent manner. This behaviour included allowing Telstra to support their arbitration defence by using Cape Bridgewater test results that AUSTEL/ACA/ACMA all knew were false – long before they used them. It is also clear from the same Statement of Facts and Contentions that I highlighted Telstra’s use of the sanitised April 1994 AUSTEL Report instead of the later, and more adverse, AUSTEL findings (against Telstra) that eventually resulted from AUSTEL’s full investigation into my matters, and that I explained how this severely disadvantaged my March/April 2006 submission to the Department of Communications, Information Technology, and the Arts. The financial cost of preparing that 2006 submission came to more than $20,000, which was entirely a waste of money, as I did not receive a copy of AUSTEL’s Adverse Findings until November 2007. If I had received those findings before the DCITA government-assessment process, I would have been able to prove my claim.

When AUSTEL provided a copy of its AUSTEL’s Adverse Findings to Telstra, only, in March 1994, that not only provided Telstra with valuable assistance during their defence of my 1994/95 arbitration, it also provided assistance to Telstra in 2006, when the government could only assess my claims based on the sanitised AUSTEL report rather than AUSTEL’s Adverse Findings report.

Absent Justice - Justice Delayed

Transcripts from my second Administrative Appeal Tribunal (AAT) hearing of 26 May 2011, respondents Australia Communications Media Authority/ACMA (No 2010/4634), show I maintained my Freedom of Information applications to ACMA should be provided free of charge, in the public interest, including all of the requested information both Telstra and AUSTEL withheld during my government-endorsed arbitration process. Senior AAT member Mr G D Friedman considered this AAT hearing and stated:

“Mr Smith still believes that there are many unanswered questions by the regulatory authorities or by Telstra that he wishes to pursue and he believes these documents will show that his unhappiness with the way he has been treated personally also will flow to other areas such as it will expose the practices by Telstra and regulatory bodies which affects not only him but other people throughout Australia.

“Mr Smith said today that he had concerns about the equipment used in cabling done at Cape Bridgewater back in the 1990s. He said that it should – the equipment or some of the equipment should have a life of up to 40 years but, in fact, because of the terrain and the wet surfaces and other things down there the wrong equipment was used.”

During this second AAT hearing which ended in May 2011, I again raised the telephone problems that had affected my business from before my arbitration, stressing that the arbitrator had failed to investigate or address most of those problems, and therefore allowed them to continue for a further 11 years after the end of the arbitration. I also explained that Darren and Jenny Lewis, who purchased my business in December 2001, after suffering with the same problems asked if I would submit on their behalf evidence to the Federal Magistrates Court confirming that Telstra had used fraud in which to defend their Cape Bridgewater telephone nertwork.  

I submitted with a statutory declaration all of the working notes of both the Telstra's Falsified BCI Report and Telstra's Falsified SVT Report for them to submit as part of the own defence to the Australian Taxation Office.  

BCI and SVT reports - Section Two

Absent Justice - Australian Senate

Telstra in contempt of the Senate

On 23 March 1999, almost five years after most of the arbitrations had been concluded, the Australian Financial Review (newspaper) reported on the conclusion of the Senate estimates committee hearing into why the COT Cases were forced into a government-endorsed arbitration without the necessary documents they needed to fully support their claims i.e.

“A Senate working party delivered a damning report into the COT dispute. The report focussed 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 [Telstra] have defied the Senate working party. Their conduct is to act as a law unto themselves.”

I doubt there are many countries in the Western world governed by the rule of law, as Australia purports to be, that would allow a group of small-business operators to be forced to proceed with a government-endorsed arbitration while allowing the defence (the government which owned the corporation) to conceal the necessary documents these civilians needed to support their claims. Three of those previously withheld documents confirm Telstra was fully aware that the Cape Bridgewater Bell Canada Internations Inc (BCI) tests could not possibly have taken place according to the official BCI report Telstra used as arbitration defence documents.

On my behalf, Mr Schorer (COT. Spokesperson) raised the Cape Bridgewater BCI deficient tests with Senators Ron Boswell and Chris Schacht. Pages 108-9 of Senate Hansard records (refer to Scrooge - exhibit 35) confirm Telstra deflected the issue of impracticable tests by stating my claim – that the report was fabricated – was incorrect. The only problem with the report was an incorrect date for one of the tests. The Senate then put Telstra on notice to provide evidence of that error.

If the 12 January 1998 letter to Sue Laver, with the false BCI information attached is not enough evidence to convince the Australian Government that Telstra cannot continue pretending. They know nothing about the falsified Cape Bridgewater BCI tests, Telstra, and the Senate estimates committee chair was again notified, on 14 April 1998, that the Cape Bridgewater BCI tests were impracticable. When is Telstra going to come forward and advise the Telstra board that my claims are right and that indeed it was unlawful to use the Cape Bridgewater BCI tests as arbitration defence documents as well as grossly unethical to have provided the Senate with this known false information when answering questions on notice?

On pages 23-8 of this letter, and using the Cape Bridgewater statistics material, Graham Schorer (COT spokesperson) provided clear evidence to Sue Laver and the chair of the Senate legislation committee that the information Telstra provided to questions raised by the Senate on notice, in September and October 1997, was false (see Scrooge - exhibit 62-Part One and exhibit 62-Part-Two). Telstra was in contempt of the Senate. No one yet within Telstra has been brought to account for supplying false Cape Bridgewater BCI results to the Senate. Had Telstra not supplied this false information to the Senate, the Senate would have addressed all the BCI matters I now raise on absentjustice.com in 2021.

Telstra’s Falsified BCI Report’  is all the evidence necessary to show that arbitration lawyers provided false information to Telstra’s arbitration witness, namely the clinical psychologist, during my government-endorsed arbitration, and two years later, Telstra supplied that same BCI false information on notice to the Senate.

It is ironic that two Telstra technicians, in two separate witness statements dated 8 and 12 December 1994, discuss the testing equipment used by Telstra in overall maintenance and state that the nearest telephone exchange, to Portland and Cape Bridgewater, that could facilitate the TEKELEC CCS7 equipment was in Warrnambool 110 kilometres from Portland/Cape Bridgewater, where BCI alleged they carried out their PORTLAND / Cape Bridgewater tests via the Ericsson AXE exchanges trunked through the TEKELEC CCS7 equipment.

I have shown throughout this webpage absentjustice.com, including in the Brief Ericsson Introduction⟶  that in several cases such as Cape Bridgewater (where I tried to run my telephone dependent business), Ericsson telephone equipment was known to affect the telephone equipment that serviced my business. And yet Telstra was still prepared the lie and cheat in the arbitration defence of my claim as well as during a Senate Estimates investigation into my Ericsson AXE BCI claims.    

On 12 January 1998, during the Senate estimates committee investigations into COT FOI issues, Graham Schorer provided Sue Laver (now in 2021) Telstra’s corporate secretary with several documents. On page 12 of his letter, Graham states:

“Enclosed are the 168 listings extracted from Telstra’s Directory of Network Products and Network Operations, plus CoT’s written explanation, which alleges to prove that parts of the November 1993 Bell Canada International The report is fabricated or falsified.”

Had the Senate been advised by Sue Laver there was merit in my complaints concerning the flawed BCI testing, my matters raised on absentjustice.com could have been resolved two decades ago. 

Please click on the following link Telstra’s Falsified BCI Report and form your own opinion as to the authenticity of the BCI report which was used by Telstra as an arbitration defence document?

The evidence which supports the report is attached as BCI Telstra’s M.D.C Exhibits 1 to 46

On 23 October 1997, the office of Senator Schacht, Shadow Minister for Communications, faxed Senator Ron Boswell the proposed terms of reference for the Senate working party for their investigation into the COT arbitration FOI issues which Sue Laver,. Telstra's current Corporate Secretary in 2001, was heavily involved in these Senate hearings on behalf of Telstra.  This document shows the two lists of unresolved COT cases with FOI issues to be investigated. My name appears on the Schedule B list (see Arbitrator File No 67). Telstra, by still refusing to supply these 16 COT cases with promised discovery documents, first requested four years earlier, was acting outside of the rule of law and yet, regardless of Telstra breaking the law, these 16 claimants received no help from the police, arbitrator or government bureaucrats and were denied access to their documents, as absentjustice.com shows.

Exhibit 20-A, a letter dated 9 December 1993 from Cliff Mathieson of AUSTEL to Telstra’s Manager of Business Commercial, states on page 3, "...In summary, having regard to the above, I am of the opinion that the BCI report should not be made available to the assessor(s) nominated for the COT Cases without a copy of this letter being attached to it."

Had this letter and the many other letters in BCI Telstra’s M.D.C Exhibits 1 to 46 been provided to the senate as part of Telstra's response to questions placed on notice concerning my claims the BCI Cape Bridgewater tests were impracticable the Senate might well have demanded more information regarding my claims. This BCI 9 December 1993 letter is also discussed in the introduction to My story-warts and all as follows:

After my arbitration was concluded, I alerted Mr Tuckwell that Telstra had used these known corrupt Bell Canada International Inc (BCI) Cape Bridgewater tests to support their arbitration defence my claims without AUSTEL's letter being supplied to the arbitrator (see Telstra's Falsified BCI Report).

“The tests to which you refer were neither arranged nor carried out by AUSTEL. Questions relating to the conduct of the test should be referred to those who carried them out or claim to have carried them out.”  File 186 - AS-CAV Exhibit 181 to 233

If Neil Tuckwell (on behalf of the government communications regulator) had demanded answers back in 1995 as to why Telstra used known falsified BCI tests, this falsifying of arbitration defence documents would have been dealt with in 1995 instead of still actively being covered up in 2022.

I reiterate, by clicking onto the following link Telstra’s Falsified BCI Report you can form your own opinion as to the authenticity of the BCI report and/or my version that clearly shows the Cape Bridgewater test was impracticable.

The evidence (46 exhibits) which support my report is attached as BCI Telstra’s M.D.C Exhibits 1 to 46

I reiterate: Sue Laver is currently (in 2022) Telstra's Corporate Secretary and is refusing to investigate these BCI issues

and is refusing to investigate these BCI issues

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All of the main events as quoted in this unbelievable true crime story are supported by copies of the original freedom of Information documents on Alan's website absentjustice.com

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 absentjustice.com is possibly a world first.

ABSENT JUSTICE HAS IT ALL.

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“…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

“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

“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

“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.”

Hon David Hawker

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

– Edmund Burke