The son of a police officer, the son of ex-NSW Premier Kristina Keneally, will have to wait six weeks to hear whether he will be spared jail for making a false statement that led to the wrongful imprisonment of an activist.
Daniel Keneally, 25, was convicted of fabricating evidence in November and faced a sentencing hearing at Downing Center Local Court on Thursday.
Defense lawyer Paul McGirr told Magistrate Rodney Brender that the threshold had “only just been crossed” for Keneally to be sentenced to prison, but he applied for an intensive corrections order that would allow him to stay out of prison.
The order functions as a suspended sentence and includes supervision while offenders are in the community to ensure they comply with all conditions.
Daniel Keneally, 25, (pictured) was convicted of fabricating evidence in November and faced a sentencing hearing at Downing Center Local Court on Thursday
Prosecutors want Keneally sent to prison to reflect the seriousness of the crime.
Keneally wrote a statement containing numerous untruths regarding a call made by Luke Brett Moore to the Newtown Police Department in February 2021.
The statement, including claims that Moore wanted to kill a police officer, resulted in the activist being arrested and held in custody for three weeks.
The ISuepolice founder was later released on bail and charges were dropped due to a recording of the conversation on his phone.
The recording, made without Keneally's knowledge, showed significant discrepancies from the officer's statement.
Mr Brender rejected Keneally's claims that he had made an honest mistake and convicted the 25-year-old in November.
“There is no basis to suggest that anyone else suggested the contents or impaired Keneally's memory,” the magistrate said at the time.
Keneally is currently suspended with pay from his job in law enforcement, but his career would be over if convicted, McGirr said Thursday.
“He will be fired and I don't think that will come as a surprise,” he said.
The proceedings would also likely scupper Keneally's plans to study law.
Keneally's father returned to court after accompanying him to the hearing in September, but his ex-prime minister mother had purposefully stayed away to avoid creating a “media circus”, McGirr said.
“This is a high-profile case and it has been hanging over him for almost two and a half years,” he said.
Keneally's (center left) ex-prime minister mother, Kristina Keneally (center left), had purposefully stayed away from his hearing to avoid creating a 'media circus'
Keneally wrote a statement containing numerous untruths regarding a call made by Luke Brett Moore (pictured) to Newtown Police Station in February 2021
The prosecutor said Keneally's actions led to Moore being charged with offenses that did not occur based on Keneally's deliberate falsehoods.
Keneally must have known his statement contained many untruths and chose to deliberately include false evidence, the Crown prosecutor said.
The media attention was driven by the necessary public interest in proving that a police officer had falsified evidence and did not reach an unusual level, he added.
Keneally will be sentenced in February.
An investigation by the Law Enforcement Conduct Commission led to Keneally's indictment in October 2022.
The police watchdog said it would provide a report to NSW Parliament when criminal proceedings concluded.
Outside court, Mr McGirr said Keneally maintained his innocence and indicated he might appeal the guilty verdict.
“There is a long way to go and my client is holding his head high,” he said.