Porn inquiry clears judge

By VERNON SMALL

The future of High Court judge Robert Fisher is now in his own hands after a second round of reports cleared him of any illegality over using court computers to watch internet sex videos.

Attorney-General Margaret Wilson handed the issue over to the Judiciary last night after a 45-minute meeting with Chief Justice Dame Sian Elias.

The minister said inquiries by Crown Law and the Department for Courts had confirmed "there is no element of unlawfulness" after looking in detail at the sex sites.

There were therefore no grounds for Parliament to move to expel Justice Fisher, the only way a High Court judge can be removed.

Ms Wilson would not comment on what he should now do.

"The essence of judicial independence is that the Judiciary act independently. I'm sure they will play their role in maintaining public confidence in the courts."

She had not discussed with Dame Sian if Justice Fisher should resign.

Dame Sian said on Monday that she did not believe he should resign and that his internet use was a "lapse" in a distinguished career.

Justice Fisher looked at adult movies on Department for Courts computers for about 90 minutes over two weeks 15 months ago. He has apologised and promised not to do it again.

But other ministers privately say he should quit to help preserve public confidence in the Judiciary.

Stepping up the pressure yesterday, Prime Minister Helen Clark said it was a matter of public interest that people in judicial office be seen to uphold the highest standards.

"That is not to say that people have to be saints, but there are areas where people should not lightly tread if they wish to retain the highest public esteem and regard."



It was time to send a strong signal to all employees that employers took a dim view of viewing pornography on work computers.

People were probably not aware of the extent to which employers could monitor use of work computers, Helen Clark said.

"There may be quite a lot of New Zealanders who need to think again about the use they are making of their work computer."

Council of Trade Unions president Ross Wilson said Justice Fisher should seriously consider resigning to maintain respect for the Judiciary.

Many members had contacted the CTU saying they would have been disciplined and probably fired if they had been caught watching sex films on work computers.

Helen Clark said she could not be confident that MPs had not looked at sex sites on Parliament's computers.

And if they had, she is clearly not certain they would step down.

" ... As we know, from time to time, things come to light which are deeply embarrassing to politicians. Some have the skins of rhinos and choose to tough it out, others quietly fade away."

Parliament's general manager, John O'Sullivan, said the the Parliamentary Service monitored internet use by staff and MPs.

"The monitoring is to see whether inappropriate sites are being accessed. Sex sites are not specifically targeted but would be included."

Internet privileges had been withdrawn from staff when the use was inappropriate.

The Herald understands that two staff lost their privileges this way.

"We have not had cause to take up any issues involving any members of Parliament," Mr O'Sullivan said.

Meanwhile, investigations into five District Court judges who also accessed internet sex sites have cleared them of any wrongdoing, But another "quasi-judicial" officer, who has a warrant but not a court-type position, also visited sex sites. He is still under investigation.

Ms Wilson met Chief District Court Judge David Carruthers yesterday after he sought an explanation from each of the five judges.

She said: "In four of the cases, the access was work related. In the other case, the access was of extremely short duration and was accidental."