Constable Daniel Keneally, the son of former senator, Kristina Keneally, has been found guilty of fabricating evidence with the intent to mislead a judicial tribunal. The evidence that Keneally gave resulted in Luke Moore going to prison. However, Keneally's criminal defence lawyer said he is going to appeal today's decision.
Calling Newtown police station
Keneally stated that Moore made threats to the police in a telephone conversation. This statement led to Moore being wrongfully accused, and spending three weeks in prison.
At the time of the call, Constable Daniel Keneally worked a night shift at Newtown Police Station. Moore called the station to complain about police strip searches. However, Keneally took a detailed statement claiming that he had made threats to the police.
He also stated that Moore said: "I'm coming for him when he least expects it, I know where he works and I'll follow him home."
Moore wrongfully accused by Constable Daniel Keneally
As a result, the police charged Moore with using a carriage service to menace and threaten to kill. Consequently, he spent three weeks behind bars. Little did Keneally know that Moore recorded the conversation. This recording proved that Moore did not say any of the things that Keneally claimed he did. Therefore, the police dropped the charges and apologised to him.
Charged with fabricating evidence
Last October, Keneally was charged with fabricating evidence with intent to mislead a judicial tribunal. The son of the former senator pleaded not guilty.
Today, Magistrate Rodney Brender found him guilty.
Constable Daniel Keneally's defence
As part of his defence, Keneally said that he was stressed and concerned at the time of the call. During the telephone conversation, he opened Moore's website titled "I sue police." He added that he might have got things mixed up between the call and the information he saw on the website.
The judge rejected this evidence and said clearly a false statement was made. He added: "An intelligent police officer on a matter of this importance could not make this mistake."
Outside of the courthouse, Keneally's lawyer confirmed that they are going to appeal the verdict.
Our civil lawyers Can help you sue the police
O'Brien Criminal and Civil Solicitors can represent you in an action against:
- The NSW Police Force or Police agency in another State or Territory;
- The Director Of Public Prosecutions (DPP);or
- Corrective Services.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.