Kristina Keneally’s police officer son found guilty of fabricating evidence that saw man jailed for three weeks
The son of the former NSW premier and federal senator Kristina Keneally has been found guilty of fabricating evidence that wrongfully put a man in prison.
Daniel Keneally, 25, was convicted in the Downing Centre district court on Tuesday.
Keneally wrote a statement containing many falsehoods and Magistrate Rodney Brender rejected his lawyer’s claims that it was an honest mistake.
The offence related to an incident where Keneally was a few hours into a night shift at Newtown police station when Luke Brett Moore called in February 2021.
Keneally’s written statement, which he told the court he felt pressured to make after talking to higher-ranking officers, resulted in Moore being arrested and held in custody for three weeks.
The activist and founder of ISuepolice was later released on bail and the charge dropped, due to a recording of the conversation made on his phone.
The recording, taken without Keneally’s knowledge, showed significant discrepancies to what was in the officer’s statement.
These included Keneally naming a police officer he alleged Moore threatened to kill, which had not occurred.
Brender said the conversation as recorded by Keneally in his statement “just didn’t happen”.
“There is no basis to suggest any other person suggested the content or affected [Keneally’s] memory,” he said.
The magistrate found Keneally knew it was a real possibility that evidence of a threat to a police officer could lead to a prosecution.
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Keneally also knew his statement could be used in any court proceedings and would mislead relevant tribunals, the magistrate said.
Keneally will remain on bail and be sentenced on 21 December.
Outside court, Keneally’s lawyer, Paul McGirr, said his client “holds his head high”.
“We respect the court’s decision but can say we will definitely appeal on the basis that my client never wilfully put something in a statement that he knew to be false,” he said.
“It’s a very high hurdle for the prosecution to prove.”