Luke Brett Moore was jailed for three weeks in February 2021 after an allegedly false statement by Daniel Keneally that he had threatened to kill a police officer at Sydney's Newtown Police Station.
The activist and founder of ISuepolice was later released on bail and the charge dropped, due to a recording of the conversation made on his phone.
The 24-year-old constable faces a two-day hearing in Downing Centre Local Court starting on September 18 over one charge he fabricated evidence to mislead a judicial tribunal.
He has denied any wrongdoing.
Mr Moore's lawyer, Pier Paolo Parisi, wrote to then-NSW Attorney-General Mark Speakman in January and to Commonwealth Attorney-General Mark Dreyfus in February raising concerns about Keneally's prosecution.
He also wrote to the NSW Director of Public Prosecutions in December.
In these letters, Mr Parisi said Keneally had been "insulated" from the consequences of his alleged conduct.
The solicitor said it was unclear why the constable had not been charged with perverting the course of justice, and instead faced the lesser state charge of fabricating evidence.
"Mr Moore is concerned about the independence of the prosecutorial process, from both politics and the police," Mr Parisi wrote to Mr Dreyfus.
The Commonwealth department responded, saying the DPP and the courts were each responsible for their own operation and management.
"It is an essential feature of the Australian system of government that our courts are independent and free from interference from the executive arm of the government," assistant secretary Danielle Distefano wrote in March.
On Tuesday, Acting Deputy Director of Public Prosecutions Michelle England confirmed that after "close consideration" of the issues raised by Mr Parisi, the hearing for Keneally would proceed as planned.
Mr Moore said the decision to hit Keneally with "the lowest possible charge" meant the police officer could escape any real punishment.
"Even if convicted of these charges in the Local Court, it's likely Constable Keneally will only have to pay a fine," he said.
He criticised NSW Police for taking two years to charge Keneally, saying he had been arrested and locked up within 15 hours of the allegedly false statement being made.
"No sunlight, a 24-hour fluorescent light above my head, and no clothes - just a medical gown as I was put on a medical writ because they said I was crazy and wanted to kill cops. This is how I spent the next three weeks," Mr Moore said.
Mr Parisi calls for institutional reform to secure prosecutorial independence in such cases.
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