“Constable Keneally provided a statement and signed it. In it,he detailed a conversation between him and Moore – ‘I said’,‘He said’. But we must remember that Moore had recorded the conversation ... We know that because there is a tape in existence of what really happened.”

The charges against Moore were dropped in June 2021 after he produced the recording of the phone call.

Keneally was issued a future court attendance notice on Tuesday for one count of fabricating false evidence with intent to mislead a judicial tribunal. He is due to face Downing Centre Local Court on November 17.

NSW Police said his employment status is under review.

In a statement,the Law Enforcement Conduct Commission (LECC) said police had initially launched an investigation into Keneally,which was taken over by the commission late last year.

Following a private examination in January this year,LECC provided a report to the NSW Police Commissioner and the Police Minister recommending that advice should be obtained from the Director of Public Prosecutions about a prosecution of Keneally.

“The commission recently received advice from the Director of Public Prosecutions,” a LECC spokesman 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 contrary to s 317(b) Crimes Act 1900.”

When the matter is first mentioned in court,the DPP will take over the prosecution.

LECC’s report about Keneally has remained private due to the possibility of criminal proceedings. Once the criminal case has been concluded,the report is expected to be made public.

A LECC spokesperson said no further comment could be made because criminal proceedings are now on foot.

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