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Chapter Four Distorted and unlawful.

Although we have addressed the following BCI impracticable Cape Bridgewater tests in our  Telstra's Falsified BCI Report page it was most important we repeat it again here in Chapter Four Tampering With Evidence.

Absent Justice - Tampering of Evidence

It was during a Senate Estimates Committee hearing, in the presence of Mr Pinnock (TIO) that Senator Schacht questioned Telstra’s John Armstrong concerning my claims that the BCI Cape Bridgewater tests were fabricated stating: “…As a result of those complaints, did you find that Telstra had to take any action in respect of the BCI report to rectify any inaccuracies or shortcomings in the system”

Mr Armstrong:

“Yes. The basis upon which it was put that the report was fabricated was an apparent clash of dates, as I recall, with two sets of testing. This goes back a couple of years. I believe that claimant raised the matter with the TIO. Telstra went to Bell Canada and raised the clash of dates with it. As I recall, Bell Canada provided a letter saying there was an error in the report”.

Senator Schacht:

“Can you please provide us a copy of that letter from Bell Canada…and…I will put that question on notice”.  

Long before Mr Armstrong spoke to Senator Schacht however, Telstra and John Pinnock had already been provided with clear proof that Bell Canada International Inc. could not possibly have used the TEKLELEC CCS7 monitoring system they claimed to have used at Cape Bridgewater, which means, of course, that they could not possibly have carried out any testing at all, on any of the five days they claimed to have carried out that testing, because neither the Cape Bridgewater exchange nor the main Portland exchange could handle the CCS7 system, and the Warrnambool exchange, which was 116 kilometres away, was the closest exchange that could use this system.

If this relevant information had been provided to the Senate as part of Telstra’s response to Senator Schacht questions On Notice, then the Senator would have demanded, on notice, that Telstra explain as to why they had allowed such a fundamentally flawed report to be submitted to the COT arbitration process.

Bell Canada International Inc

Absent Justice - Cape Bridgewater Bay

We repeat statements at different times through our various pages because of the complexity of our COT story. The Bell Canada International report along with the Melbourne clinical psychologist segment discussed below is one of those occasions where we needed to raise it again even though we have discussed it elsewhere on this website.  In some cases, Telstra appointed a clinical psychologist to swear, under oath, in witness statements attesting to something they knew might not be the case. During my own arbitration process, Telstra supplied a renowned Melbourne clinical psychologist with a technical report they knew was fundamentally flawed, before he interviewed me as part of the arbitration process. After my arbitration was concluded, a witness and I visited this psychologist, in his Queen Street, Melbourne, office and provided him with the truth surrounding this falsified report originally prepared by Bell Canada International Inc. (See Telstra’s Falsified BCI Report) Even though this report proved he was misled and deceived by Telstra before he assessed my mental state, he declined to assist me.

The BCI report alleged that, for a number of hours each day from 5 to 9 November 1993, they generated 13,590 incoming calls to a TEKELEC CCS7 monitoring system installed at the Cape Bridgewater RCM exchange, with a success rate of 99.9 per cent. When Dr Gordon Hughes (the arbitrator) prepared his 11 May 1995 award in my case, he states he placed the BCI report into evidence. The fact that Dr Hughes and the clinical psychologist read this report (see below), before they prepared their individual findings is testament my claims concerning the conduct of my arbitration must be transparently investigated by the appropriate authorities. Providing false information to a clinical psychologist, during litigation and before interviewing me prior to reporting back on my mental state, is unconscionable conduct of the worst possible kind. Of course, after reading the report, the psychologist includes remarks like, “In my professional opinion his preoccupation has become a clinical obsession.” Who wouldn’t think I was mentally unstable, after reading that an international, world standard, communications company from Canada tested the Cape Bridgewater RCM exchange and officially reported they found it to be up to “world standard”.

Absent Justice - Telstras Contempt of the Senate

Two formal, witness statements, dated the 8 and 12 of December 1994, prepared by Telstra technicians, Chris Doody and John Stockdale, confirm the nearest exchange that could accommodate the TEKELEC CCS7 monitoring system was 116 kilometres from Cape Bridgewater in Warrnambool (south-west Victoria).

Furthermore, on 24 October 1997, Telstra provided false information to the Senate estimates committee secretary attesting the BCI Cape Bridgewater Report as factual and that my information provided to the Senate was incorrect. Knowingly providing false information to a Senate estimates committee hearing On Notice is an act of contempt of the Senate.

The fact that Telstra’s lawyer signed the arbitration witness statement on behalf of the clinical psychologist (see below), and submitted the document into the arbitration, without the clinical psychologist signing it; proves how corrupt and desceptive Telstra is. This matter should have been investigated during my arbitration. along with why my faxes were not reaching their intended destination.

Clinical psychologist

Absent Justice - Further Insult to Injustice

To add further insult to these injustices, on 12 September 1994, as part of the arbitration process, I was obliged to meet with Telstra’s consulting forensic psychologist in Portland’s Richmond Hotel so he could analyse my mental health as part of Telstra’s defence of the arbitration process. I found the process of being interviewed by a psychologist, in the saloon bar of the local hotel, shockingly uncomfortable and embarrassing, especially when he kept spreading out different cards on the table as part of this clinical, forensic testing process.

I found the process of being interviewed by a psychologist, in the saloon bar of the local hotel, shockingly uncomfortable and embarrassing, especially when he kept spreading out different cards on the table as part of this clinical, forensic testing process.  It was such an appalling experience that, afterwards, I wrote to Frank Blount (who was Telstra’s CEO then), Dr Hughes (the arbitrator) and Warwick Smith, describing what I had been forced to endure.  Still, however, no-one even attempted to look for answers on my behalf.  In fact, no-one even tried to explain why the psychologist and I hadn’t been allocated a private room.  To make matters worse, this is just one of many examples of how the Australian Government minders, and those administering the COT arbitrations, completely ignored Telstra’s gross misconduct.

It was such an appalling experience that, afterwards, I wrote to Frank Blount (who was the then Telstra’s CEO), describing what I had been forced to endure at the hand of this psychologist (see Introduction File No/12). As it turned out, my letter was written on the same day that Senator Ron Boswell began to demand answers from Telstra’s legal directorate: the Senator wanted to know why Telstra had threatened to withhold FOI documents from me after I had assisted the Australian Federal Police with their investigations into Telstra’s unauthorised interception of my telephone and faxes (see Senate Evidence File No 31).

Still, however, there was no attempt made to find out why this psychologist conducted my interview the way he had and nor did anyone confront Telstra about the threats that had, by then, become a reality. In fact, no-one even tried to explain why the psychologist hadn’t been allocated a private room at the hotel, where he could have conducted the interview.  To make matters worse, this is just one of many examples of how the Australian Government minders, and those administering the COT arbitrations, completely ignored the basic rights of the COT Cases, who had all already suffered so much, for so many years, before their arbitrations even began.

One of the most important issues I raised with this psychologist was the trauma I suffered at the hands of the legal firm that hired him. He appeared to listen carefully to what I described and he said being directed to register phone complaints, in writing, with Telstra’s lawyer, before they would be investigated, was most disturbing. I provided confirmation that losing six incoming calls in a single day was common. Writing to a lawyer, explaining lost calls, was more than just soul-destroying, it just about broke my will power to carry on. He said he was shocked Telstra and its legal firm forced this on me and agreed this would certainly affect my mental state over the many months I had to do this.

However, when Telstra’s lawyers, which the government assured us would not be used in our arbitrations (see Prologue Evidence File No/2), provided this clinical psychologist’s witness statement to the arbitrator, it was only signed by a lawyer from this legal firm. It bore no signature of the psychologist and didn’t contain his concerns regarding me having to first contact this legal firm, in writing, before Telstra would address my telephone problems. 

The most alarming points about this unsigned witness statement are:

  1. Before the psychologist met with me, Telstra’s lawyers provided him with a copy of the Cape Bridgewater Bell Canada International (BCI) addendum report stating 13,590 test calls were carried out, over a five-day period, into the Cape Bridgewater RCM exchange, using the TEKELEC CCS7 monitoring equipment. This report stated the test calls had a 99 per cent success rate.
  2. Neither the psychologist nor the arbitrator was told tests through the Cape Bridgewater exchange was impracticable: the nearest exchange that could accommodate the TELELEC CCS7 equipment was the Warrnambool exchange, 120 kilometres from Cape Bridgewater (see Telstra’s Falsified BCI Report ‘masked identities’)

Had the psychologist known the 13,590 tests call, allegedly carried out by BCI, could not terminate through the TEKELEC CCS7 monitoring system at Cape Bridgewater, his assessment of my mental state would have been somewhat different. He, too, might have been distressed if he had been aware Telstra misled and deceived him prior to him assessing my mental state.

Please click onto the following link Telstra’s Falsified BCI Report and 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 which supports the report is attached as BCI Telstra’s M.D.C Exhibits 1 to 46

On 18 August 2001, Senator Alan Eggleston (see also An injustice to the remaining 16 Australian citizens wrote to me, noting:

“I am very concerned with your statement in the 6 August letter that you are in possession of two in-camera Official Committee Hansards, relating to this issue, dated 6 and 9 July 1998. Furthermore, that you intend sending these confidential Hansards to Mr Brian Pickard, Ms Sandra Wolfe’s solicitor.

“I wish to remind you that evidence or documents taken in camera or submitted on a confidential or restricted basis cannot be disclosed to another person, unless by order of the Senate. This does not occur often, although the Senate, on 30 August 2000, did authorise the release of the Hansards of 6 and 9 July 1998 to the Victoria Police Major Fraud Group to assist in their investigations.

“The fact that you have received unauthorised confidential committee documents is a serious matter, but if you disclose these documents to another person, you may be held in contempt of the Senate. I would remind you that section 13 of the Parliamentary Privileges Act 1987 provides for penalties in relation to these matters.”(See Senate Evidence File No 12)

in October 1997, when Telstra provided the Cape Bridgewater/Bell Canada International Inc. (BCI) report in response to questions raised by the Senate, on notice, Telstra already knew it was false but still no one has ever brought Telstra to account for that decision, even though their actions were in contempt of the Senate.

There are one set of rules for the Australian public and different set for those with the power to commit offences against Australian citizens in the most appalling manner and get away with it, scot-free. It is a fact that these in-camera Hansard documents record numerous senators condemning Telstra for their conduct in relation to all the COT claimants but only five of those claimants were able to secure a compensation deal. Frankly, this is something that most Australian’s would find most disturbing.

Absent Justice - Different Rules for those in Power

Just as bad, however, on 24 June 1997, the Senate Committee see:- pages 36 and 38 Senate – Parliament of Australia was told by an ex-Telstra employer turned Whistle-blower, Lindsay White, that, while he was assessing the relevance of the technical information which had been requested by the COT claimants, he advised the Committee that:

“In the first induction – and I was one of the early ones, and probably the earliest in the Freehill’s (Telstra’s Lawyers) area – there were five complaints. They were Garms, Gill and Smith [me], and Dawson and Schorer. My induction briefing was that we – we being Telecom – had to stop these people to stop the floodgates being opened.”

Senator O’Chee – “What, stop them reasonably or stop them at all costs – or what?”

Mr White – “The words used to me in the early days were we had to stop these people at all costs”.

Senator Schacht – “Can you tell me who, at the induction briefing, said ‘stopped at all costs” .(See Front Page Part One File No/6)

The It is clear from Mr White’s statement he identified me as one of the five COT claimants that Telstra had singled out to be ‘stopped at all costs’ from proving their my against Telstra’. One of the named Peter’s in this Senate Hansard is the same Peter who swore under oath, in his witness statement to the arbitrator that the testing at my business premises had met all of AUSTEL’s specifications, when it is clear from Arbitrator File No/110 that Telstra’s own Customer Call Analysis System (CCAS) data for 29 September 1994 show NONE of the mandatorily required 20-tests calls to each of my service lines 055 267 267, 055 267230 and 055 267260 were generated into my business and held open for the required period of 120-seconds for each completed call. In simple words, the SVT process at my business was not carried out according to the government communications regulatory mandatory specifications. Telstra is fully aware Peter (on page 38 of this Hansard) received advice from AUSTEL, on 11 October and 16 November 1994, regarding the Service Verification Tests (SVT) being grossly deficient. AUSTEL demanded Telstra advise what it intended doing about this deficiency see Front Page Part One File/No 24-A to 24-B. No second SVT tests ever took place at my business during my arbitration. However, in November 2002 (eight months after I sold the business) Telstra tested the business for the new owners, concluded the wiring, cabling and the Telstra-installed infrastructure was corroded and the whole holiday camp was rewired.

Absent Justice - Stopped at all Costs

This is the same Peter who somehow had the power to force a Government Regulator regarding who they could release this known faulty SVT information to and who they could not release it to see Arbitrator File No/98 even though the Government Regulator (AUSTEL) knew that the inaccurate SVT results were being used to support Telstra’s arbitration defence of at least four COT Cases claims (which included me)

This same Peter refused to conduct any sort of testing at my premises. Both Peter and David Reid (an ex-Telstra technician, and now with Lane Telecommunications) were present to investigate on-site telecommunication arbitration information. Lindsay White, the whistleblower, admitted, under oath to senators, that Peter said I was to be stopped – at all cost – from proving my claim. Peter was able to pressure David Reid, part of the allegedly independent arbitration resource unit, not to test my three service lines that were experiencing ONGOING problems when they visited my business on 6 April 1995. From what happened on this day, it is apparent the government-endorsed arbitration process was designed – NOT to assist the COT cases in proving their claims – but to destroy the credibility of the COT cases’ claims in order to sell off the Telstra network, no matter how degraded the arbitration process found it was.

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 and on page 23, (see Main Evidence File No 3) concludes:

“It is my opinion that the reports submitted to Austel on this testing programme was 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”   

Didn’t the statements made under oath by Lindsay White to the Senate Estimates Committee on 24 June 1997, mean anything at all regarding the advice he received from this Peter that we FIVE COT cases had to be stopped at all cost from proving issues such as the falsified arbitration SVT witness statements to the arbitrator (see Telstra’s Falsified SVT Report)?

To be continued...

The matters discussed on this website are said according to my interpretation of the 

© 2017 Absent Justice

Download Attachments

Tampering With Evidence File No 1-A to 1-C
Tampering With Evidence File No 2
Tampering With Evidence File No 3
Tampering With Evidence File No 4
Tampering With Evidence File No 5
Tampering With Evidence File No 6
Tampering With Evidence File No 7
Tampering With Evidence File No 8-A to 8-C
Tampering With Evidence File No 9
Tampering With Evidence File No/10
Tampering With Evidence File 11-A to 11-B
Tampering With Evidence File No/12-A to 12-E
"...I believe that it should be pointed out to Coopers & Lybrand that unless this report is withdrawn and revised their future in relation to Telecom may be irreparably damaged."
Tampering With Evidence File No 13
Tampering With Evidence File No 14
AXE Faulty Equipment

© 2021Absent Justice

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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

“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

“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

“…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

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

– Edmund Burke