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Daniel Keneally’s conviction for fabricating evidence upheld on appeal

The son of former NSW Labor premier Kristina Keneally has had his appeal dismissed.

Constable Daniel Keneally had a telephone conversation in February 2021 with a man named Luke Moore. Keneally then submitted a report that falsely claimed Moore had made threats about wanting a Goulburn detective “dead” and had said he was “as good as gone”. This resulted in Moore being charged with using a carriage service to menace and threaten to kill,  and refused bail, resulting in him spending time in jail for three weeks.

Moore had fortunately recorded his discussion with Constable Keneally, and the recording showed that Keneally’s report was false.

Constable Keneally was charged in October 2022 with fabricating evidence and was subsequently convicted in the NSW Downing Centre Local Court. He was later given a 15-month intensive correction order. 

Keneally appealed his conviction. Judge John Pickering on Friday dismissed his appeal.

Judge Pickering SC asked during the appeal the following rhetorical question:

“What if he had not recorded the call?”

Judge Pickering SC noted that Keneally’s immediate reporting of the false threat backed up by contemporaneous  intel entries made Moore “incredibly vulnerable”. His Honour began to add, “A real travesty of justice could have -“, before, stopping, and, noting the innocent man’s arrest, and incarceration, saying, “did occur”.

 

We have obtained the recording and Constable Keneally’s  false statement.

Moore’s audio recording can be accessed here: https://drive.google.com/file/d/1v5fZ11rBpXzHRrtJeUPsdiSnF_Q19lAz/view?usp=drive_link

A transcript of Moore’s recording can be accessed here: daniel keneally Phone call transcript finished

Constable Daniel Keneally’s false statement can be accessed here: daniel keanally statement pdf

 

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