Kristina Keneally’s cop son Daniel, 35, sobs and heaves as he learns his fate for fabricating a statement that landed a man in jail

The police officer son of former NSW Premier Kristina Keneally has broken down after being spared jail for making a false statement that led to an activist’s wrongful imprisonment.

Daniel Keneally, 35, was sentenced to a 15-month intensive corrections order in Sydney’s Downing Center Local Court on Thursday after he was earlier found guilty of fabricating evidence.

“This is a crime against public justice,” Magistrate Rodney Brender said.

The intensive corrections order was imposed despite prosecutors urging the magistrate to order full-time imprisonment instead.

Keneally was also ordered to complete 200 hours of community service and pay a $2,000 fine.

Daniel Keneally, the son of former NSW Premier Kristina Keneally, avoided jail on Thursday - prompting him to tickle and sob into his hands

Daniel Keneally, the son of former NSW Premier Kristina Keneally, avoided jail on Thursday – prompting him to tickle and sob into his hands

He was ordered to pay a $2,000 fine and complete 200 hours of community service.  Keneally is pictured with mother Kristina (centre left) and former Prime Minister Gladys Berejiklian (right)

He was ordered to pay a $2,000 fine and complete 200 hours of community service. Keneally is pictured with mother Kristina (centre left) and former Prime Minister Gladys Berejiklian (right)

The police officer slumped in relief at the verdict and then breathed heavily and cried into his hands when the court was adjourned.

He wrote a statement containing numerous falsehoods relating to a phone call made by Luke Brett Moore to Newtown Police Station in February 2021.

The statement, including allegations that Mr. Moore’s attempt to kill a police officer led to the activist’s arrest and detention for three weeks.

The founder of ISue Police was later released on bail and the charge was withdrawn due to a recording of the conversation made on his phone.

Taken without Keneally’s knowledge, the recording showed significant discrepancies from the officer’s statement.

Keneally (pictured Thursday) was found guilty of falsifying an official report in 2021

Keneally (pictured on Thursday) was found guilty of falsifying an official report in 2021

Kristina Keneally was the first female Premier of NSW and served from 2009 to 2011

Kristina Keneally was the first female Premier of NSW and served from 2009 to 2011

Keneally’s lawyer Paul McGirr said the magistrate’s decision would only have been fair if his client had been guilty.

However, he said his client was innocent and had made an ‘honest mistake’.

“Obviously he sympathizes with Mr Moore but … my client maintains his innocence and keeps his head up,” Mr McGirr said.

“You, me, everyone, we all make mistakes.”

At a sentencing hearing in December, Mr McGirr asked for an intensive sentencing order, which would allow his client to stay out of prison.

Prosecutors said Keneally should be jailed to reflect the serious nature of the crime.

An investigation by the Law Enforcement Commission led to Keneally’s charge in October 2022.

The investigation was first revealed by USA Online Post Australia.

The police watchdog said it would provide a report to NSW Parliament when the criminal proceedings ended.

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