Senator Kristina Keneally’s policeman son has been accused in NSW Parliament of fabricating evidence against a man he falsely claimed threatened to kill a detective.
Constable Daniel Keneally made a formal statement that 34-year-old Luke Moore issued various threats when he rang Newtown police station earlier this year.
One of the threats was supposedly on the life of a detective in Goulburn, who Constable Keneally claimed Mr Moore said he wanted dead and could follow home.
Mr Moore was arrested the next day and spent three weeks in the maximum-security South Coast Correctional Centre before being granted bail.
Before the matter came to court, it emerged Mr Moore did not make any threats in his conversation with Constable Keneally and all charges were withdrawn.
Two crossbench state politicians have now accused the former NSW Labor premier’s son of fabricating evidence in speeches to the Upper House.
Senator Kristina Keneally’s policeman son has been accused in parliament of fabricating evidence against a man he falsely claimed had threatened to kill a detective. He is pictured left to right with his father Ben, mother Kristina and former NSW premier Gladys Berejiklian
Constable Daniel Keneally made a formal statement that 34-year-old Luke Moore threatened the life of a detective based at Goulburn in a telephone conversation. Unbeknown to Constable Keneally, Mr Moore had recorded their conversation and it contained no threats
One Nation MP Rod Roberts called on police to produce to parliament all documents related to Mr Moore’s arrest, charging, and detention.
Mr Moore has a long and colourful history with authorities, having campaigned against police strip searches and established the isuepolice.com website.
A decade ago he took advantage of a banking error that allowed him an unlimited overdraft and got away with spending $2.1 million of St George’s money.
He recently completed a law degree and is working on expanding his evolving business that offers to resolve civil claims over wrongful actions by police.
Mr Moore called Newtown police station about 8.30pm on February 24 and spoke with Constable Keneally about his concerns regarding matters including unlawful strip searches.
Unbeknown to Constable Keneally, Mr Moore recorded everything they said.
Constable Keneally subsequently filed an intelligence report and made a statement about the telephone call alleging Mr Moore made threats against the detective in Goulburn.
About 12.50pm the next day Mr Moore was arrested in Nowra on the NSW South Coast and taken to the local police station where he was refused bail.
The Commonwealth DPP dropped all charges against Mr Moore after it became clear the threats attributed to him in Constable Keneally’s statement were not recorded. Constable Keneally is pictured with former senator Sam Dastyari and a poster of Ms Keneally
He was charged by the fixated persons investigations unit with using a carriage service to threaten to kill and two counts of using a carriage service to menace, harass, or offend.
While in custody, Mr Moore broke a clock over his head in frustration and was also charged with damaging or destroying property.
Bail was again refused at Nowra Local Court on February 26 and Mr Moore remained behind bars at the South Coast Correctional Centre until March 19.
The Commonwealth Director of Public Prosecutions dropped all charges in June after it became clear the threats attributed to Mr Moore in Constable Keneally’s statement were not on the recording of their conversation.
On August 27, Mr Moore was awarded $10,000 in costs and a further $1,840.50 was awarded to Legal Aid.
A spokesman for the CDPP did not explain why the charges were withdrawn.
‘The decision to discontinue the prosecution in this matter was made in accordance with the application of the Prosecution Policy of the Commonwealth,’ he said.
Ms Keneally is the Deputy Leader of the Opposition in the Senate and Shadow Minister for Home Affairs and Shadow Minister for Immigration and Citizenship. She was the first female premier of New South Wales before entering federal parliament
Luke Moore was charged with using a carriage service to threaten to kill and two counts of using a carriage service to menace, harass or offend. All charges were later dropped
The destroy or damage charge related to the clock was also withdrawn last month and police were ordered to pay Mr Moore $19,000 in costs.
Constable Keneally’s conduct was raised by One Nation MP Rod Roberts, a former detective, in the NSW Upper House last Thursday.
Mr Roberts accused Constable Keneally of fabricating the threats he alleged Mr Moore made in the conversation he recorded.
‘Any similarity between Moore’s recorded conversation and Keneally’s statement is purely coincidental,’ Mr Roberts told parliament.
‘The two do not marry up. One is a complete fabrication, and that is Keneally’s statement.
‘How do we know that? We know that because there is a tape in existence of what really happened.’
Mr Roberts, who served in the criminal investigation branch, said Mr Moore was the victim of practices known as ‘loading’ and ‘verballing’ in the ‘bad old days’ of NSW policing.
Constable Keneally’s conduct was raised by One Nation MP Rod Roberts, a former detective, in the NSW Upper House last Thursday. Daniel Keneally is pictured as a child with former premier Bob Carr outside Sydney’s Mascot police station
Luke Moore v Daniel Keneally: A timeline
February 24: Luke Moore calls Newtown police station and talks to Constable Daniel Keneally about police strip searches. Constable Keneally makes a statement claiming Mr Moore made threats to kill a detective.
February 25: Mr Moore is arrested at Nowra, charged with three counts of using a carriage service to make threats and refused bail.
March 19: Mr Moore is released on bail after spending three weeks in the South Coast Correctional Centre.
June 7: Commonwealth DPP withdraws two charges after it is revealed there were no threats in the telephone call.
June 25: Commonwealth DPP withdraws final charge.
August 27: Mr Moore is awarded $10,000 in costs.
October 24: Police tell Mr Moore they have made an internal finding against Constable Keneally of ‘not showing due care and diligence’.
November 25: One Nation MP Rod Roberts raises the matter in the NSW Upper House.
‘I am aware of a practice – although I never partook of it myself – of loading and/or verballing suspects,’ Mr Roberts told parliament. ‘This is the best example I have ever seen.
‘What happened as a result of this fabrication and load-up is that Luke Moore spent three weeks in custody at the Nowra correctional centre, bail refused, on a completely trumped-up charge.
‘How do we know it was trumped up? We know that because the police dropped the whole matter and withdrew the charges.’
Mr Roberts said he believed the charges were dropped when police became aware of the contents of Mr Moore’s recording.
Mr Moore lodged a complaint that was investigated internally and a finding was made against Constable Keneally that he had not acted with due care and diligence.
Mr Roberts suggested that investigation, conducted by Newtown police, was not independent and its findings were insufficient.
‘Due care and diligence?’ Mr Roberts said. ‘He has fabricated evidence. As a result of that, an innocent man spent three weeks in custody.’
Mr Roberts called on police to produce to parliament documents related to Mr Moore’s prosecution, including those created by Constable Keneally.
‘We need to get to the bottom of this matter,’ he told parliament. ‘We need to know what happened. We need all of the police documents.
‘We need to also know why this has been dusted over by the NSW police. Why was Keneally not subject to criminal charges?
‘Why was he dealt with departmentally with a smack on the wrist? This goes to the heart of the administration and operation of the NSW Police Force.’
Greens MP David Shoebridge told parliament that when Mr Moore was first refused bail, police seized his phone and computer records but had not looked at them.
‘Little did they know, there was a ticking time bomb in their evidence brief,’ he said.
‘When they eventually listened to that conversation recorded by Luke Moore, they realise that Constable Keneally, together with the fixated persons investigations unit, had fitted him up.’
‘If ever there is a time to review the actions of the fixated persons investigations unit and the actions of NSW Police, you would think that this would be it.
Mr Moore lodged a complaint which was investigated internally and a finding was made against Constable Keneally that he had not acted with due care and diligence in making his statement. Constable Keneally is pictured as a schoolboy with his mother
‘But instead we have Newtown police investigating Newtown police and just brushing it under the carpet.’
Mr Moore has lodged a complaint about Constable Keneally’s conduct with the Law Enforcement Conduct Commission, which had oversight of a NSW Police inquiry.
‘Internal inquiries have been finalised and management action has been taken,’ NSW Police told Daily Mail Australia on Monday night.
‘The matter is being independently reviewed and, as it is subject to proceedings, it is not appropriate to comment further.’
Ms Keneally is the Deputy Leader of the Opposition in the Senate and Shadow Minister for Home Affairs and Shadow Minister for Immigration and Citizenship.
Constable Keneally graduated from the NSW Police Academy in Goulburn in February 2019 at a ceremony attended by his parents and then-Liberal premier Gladys Berejiklian.
When Mr Moore was just 22 he opened an account with St George bank which due to an error allowed him a limitless overdraft. Then unemployed and on Centrelink benefits he withdrew and spent $2.1million on luxury cars, strippers, parties and collectibles over the next two years
He was introduced at that parade to Ms Berejiklian who gushed ‘he’s so handsome’ and told Ms Keneally she must be a ‘proud mum’.
‘Congratulations Daniel,’ Ms Berejiklian told Constable Keneally. ‘Well done. I’m very proud of you. Honestly. You’ve come from a family of service and you’re continuing that.’
Ms Berejiklian, who went to university with Ms Keneally’s husband Ben, asked Constable Keneally if he knew where he would be stationed.
‘Yeah, Marrickville in the inner-west,’ he said. ‘It’s going to be fun.’
When Mr Moore was just 22 he opened an account with St George bank which due to an ongoing error allowed him a limitless overdraft.
Then unemployed and on Centrelink benefits, he withdrew and spent $2.1 million on luxury cars, strippers, parties, and collectibles over the next two years.
Mr Moore was subsequently found guilty of obtaining financial benefit by deception and spent five months in jail.
The Court of Criminal Appeal eventually found Mr Moore had not in fact been deceptive and overturned his conviction.