The police officer son of former NSW premier and federal senator Kristina Keneally has been charged with fabricating evidence.
Constable Daniel Keneally, 24, was investigated by the Law Enforcement Conduct Commission (LECC) earlier this year, over an incident on February 24 last year.
He has now been charged with one offence of fabricating false evidence with the intent to mislead any judicial tribunal after advice was sought from the Director of Public Prosecutions (DPP).
In a statement, NSW Police said Constable Keneally’s employment was under review.
LECC chief commissioner, Peter Johnson SC, said a private report had been provided to the police commissioner and minister in April.
"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," Commissioner Johnson said.
"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.
"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.
"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 section 142 of that Act that the report be made public immediately."
The allegation was raised by One Nation MLC and former police officer Rod Roberts in NSW parliament late last year.
"At about 8.30pm on 24 February this year Luke Moore called the Newtown police station and spoke with Constable Daniel Keneally," Mr Roberts said at the time.
"Between 8.30pm and 9.34pm Constable Keneally contacted the real-time intelligence centre and submitted an intelligence report."
Mr Roberts said that police arrested Mr Moore from Nowra the following day, and subsequently charged him with use carriage service to menace, harass or offend; use carriage service to threaten to kill; and use carriage service to menace, harass or offend.
The One Nation member said Mr Moore denied the allegations and had recorded the conversation proving his innocence.
Mr Moore was refused bail and held at the South Coast Correctional Centre for three weeks, he said.
Police later withdrew the matter and dropped the charges against Mr Moore, Mr Roberts said.
During NSW budget estimates in late August, he also confirmed that the State of NSW had apologised to Mr Moore.
Constable Keneally is due to appear at Downing Centre Local Court in Sydney on November 17.
