Media Release - Statement from the Office of the Chief Commissioner

Statement from the Office of the Chief Commissioner of the Law Enforcement Conduct Commission concerning the investigation and prosecution of Constable Daniel Keneally

Tuesday, 4 October 2022

In circumstances where there has been considerable discussion in the media concerning this matter, the Law Enforcement Conduct Commission makes the following statement:

An investigation was taken over from the NSW Police Force by the Law Enforcement Conduct Commission in late 2021. A private examination was conducted in January 2022. The Commission provided a private report to the Commissioner of Police and the Minister for Police under s 135 Law Enforcement Conduct Commission Act 2016 in April 2022. That report included a recommendation that consideration should be given to obtaining advice from the Director of Public Prosecutions with respect to the prosecution of Constable Daniel Keneally.

The Commission determined that, at that time, a s 135 Report (a private report) was appropriate, and not a s 132 Report (which may become public), given the prospect of criminal proceedings being instituted and to guard against interference with any criminal proceedings.

The Commission recently received advice from the Director of Public Prosecutions. Criminal proceedings have now been commenced against Constable Keneally by an officer of the Commission alleging one offence of fabricating false evidence with the intent to mislead any judicial tribunal contrary to s 317(b) Crimes Act 1900. In accordance with usual practice, a lawyer from the Office of the Director of Public Prosecutions will appear on the return date of the criminal proceedings and will take over the prosecution under s 9 Director of Public Prosecutions Act 1986.

When criminal proceedings are concluded, the Commission will provide a report on the matter under s 132 to the Speaker of the Legislative Assembly and the President of the Legislative Council with a recommendation under s 142 of that Act that the report be made public immediately.

As criminal proceedings are now on foot, the Commission will make no further comment concerning the matter.