Cop denies claims he ‘made up’ threats in police report

September 19, 2023by Naomi Cramer

The son of former NSW premier Kristina Keneally has denied claims that he “made up” an official police assertion that wrongfully landed a person behind bars over alleged threats to kill police.

Police allege Daniel John Keneally fabricated an official report in 2021 a couple of telephone name he acquired whereas working as a police officer at Newtown Police Station.

The court heard the 24-year-old claimed Luke Moore had made threats about wanting a rural detective “useless”, “pretty much as good as gone” and “off the planet” throughout the 12-minute name on February 24.

Mr Moore, who’s the founding father of web site I Sue Police, was imprisoned on remand for 3 weeks earlier than a recording of the decision cleared his title. The costs have been dropped and the state issued an apology.

Digital camera IconDaniel John Keneally has denied fabricating proof that led to a person’s wrongful imprisonment throughout his time as a police officer. NCA NewsWire / Monique Harmer Credit score: Information Corp Australia

The Legislation Enforcement Conduct Fee launched an investigation and charged Constable Keneally over the report.

He wore a navy go well with and white shirt as he appeared in Sydney Downing Centre Native Court on Tuesday to battle the cost of fabricating false proof with the intent to mislead a judicial tribunal.

His lawyer Paul McGirr argued the police officer made an unintentional mistake in complicated the telephone name with the fabric on Mr Moore’s web site, which he was looking on the similar time.

He maintained his client had believed the assertion was true on the time however “now concedes it’s not true” after listening to a recording of the decision in query.

Nonetheless, crown prosecutor Daniel Boyle stated the telephone name recounted in Constable Keneally’s assertion was “all incorrect” and “didn’t occur”.

“These are phrases you simply made up, are they?” he requested the officer.

“Completely disagree,” Constable Keneally emphasised.

“That‘s what I consider occurred on the time I wrote the assertion.”

Digital camera IconHe claimed the false assertion was a mistake. NCA NewsWire/Monique Harmer Credit score: Information Corp Australia

Nonetheless, he accepted there have been “important variations” between his recollection of the decision and the taped dialog performed in court.

The court heard the 24-year-old had filed a verbatim dialog in his report, however not one of the quotes have been contained within the recording of the telephone name.

He conceded the “rambling and incoherent” telephone name didn’t include any threats of violence or any point out of the title of the agricultural detective.

Constable Keneally admitted he “wasn’t completely targeted” on the telephone name with Mr Moore as a result of he was looking the caller’s web site and the police database whereas additionally attending to duties.

Forensic psychiatrist Dr Olav Nielssen opined the “sheer quantity” of distractions had the impact of “undermining the accuracy of (Constable Keneally’s) recollection”.

“Our reminiscence is just not dependable,” he informed the court.

Senior lecturer and reminiscence knowledgeable Dr Stefanie Sharman agreed, noting that splitting his focus is more likely to have weakened his capacity to recall data and its supply.

“Even a few minutes is sufficient for folks’s reminiscences of conversations to decay fairly considerably,” she stated.

Digital camera IconThe crown prosecutor argued he made the assertion with intent to mislead a judicial tribunal. NCA NewsWire/ Gaye Gerard Credit score: Information Corp Australia

Nonetheless, Mr Boyle argued Constable Keneally used direct and detailed quotes in his report concerning the telephone name.

“This was not a mistake,” he stated.

“Wanting on the transcript and his assertion, they’re not even shut.”

He stated the 24-year-old had made the assertion with the information it could possibly be used to arrest and prosecute Mr Moore.

Mr McGirr refuted the declare, telling the court his client was following directions when he gave the assertion and he didn’t count on it will result in legal prosecution.

“Clearly we concede my client has made a mistake when it comes to his recall on this matter, which is compounded by the truth that he put it in an intelligence report,” he stated.

But he maintained there was “no actual smoking gun” that defined why the 24-year-old would have deliberately made a false assertion in opposition to Mr Moore, whom he didn’t know.

Beneath cross examination, Constable Keneally vehemently denied that making the assertion would assist advance his profession.

Former NSW premier Kristina Keneally with son Daniel and former NSW premier Gladys Berejiklian.
Digital camera IconFormer NSW premier Kristina Keneally with son Daniel and former NSW premier Gladys Berejiklian. Credit score: Provided

Mr McGirr acknowledged Constable Keneally had accomplished “fairly common police work” by not taking contemporaneous notes, however stated he had been “doing his greatest”.

Justice of the Peace Rodney Brender will hand down his choice on November 21.

Constable Keneally stays suspended from the NSW Police with full pay.

He’s the son of Kristina Keneally, who served as the primary feminine Premier of NSW from 2009 to 2011.

The Labor politician then went on to function Deputy Chief of the Opposition within the Senate for 3 years, from 2019 till she was ousted from her seat of Fowler final yr.

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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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