ANTHONY Kurt Power betrayed his friends and church by indecently filming men and boys and downloading child pornography.

The District Court, however, has questioned the fairness of "sacrificing" the former judge's associate by imposing an immediate jail term.

Judge Paul Cuthbertson yesterday said evidence tendered in court suggested Power's crimes arose from conflict between his social awkwardness, homosexual urges and Lutheran faith.

"He did not know how to cope with or bring out, in a lawful manner, his sexual urges," he said. "It must be a terrible thing to have a sexual desire that you cannot lawfully fulfil.

"For him, it was illegal, in the sense it was against all his religious beliefs."

That stance was strongly opposed by prosecutor Domenico Petraccaro. "Anthony Power is not here because he's clumsy with relationships, he's here because he has engaged in illegal filming of people and the downloading of child pornography," he said. "With respect, he can lawfully fulfil (his sexual desires) ... he can legally enter a homosexual relationship.

"You cannot turn fervent religious beliefs into an excuse for this conduct."

Power, 28, of Wynn Vale, admitted indecently filming boys and men in the shower of his home, in the toilets of his church and at Stockport while serving as a youth leader. He also downloaded 4403 images and 610 videos of child pornography - 3917 of which featured children aged less than 14 years.

Power worked as a District Court judicial associate before his arrest, and since has surrendered his licence to practice law.

Mr Petraccaro said no penalty, save immediate jail, was appropriate. "It's not an excuse that he was struggling with homosexuality," he said. "He was not so socially inept that he could not go to university, get a degree and get a job as a judge's associate.

"It might explain the way he has conducted himself, but it does not excuse it."

Judge Cuthbertson asked if the law "doesn't allow for some human weakness in people". "He's very clumsily seeking out partners or friends he might experiment with," he said.

"That's not being put forward as an excuse, but as an explanation. Is he to be sacrificed on the altar of general deterrence?"

He remanded Power on continuing bail for sentencing next month.