Police say a judge made an error when she granted a porn-addicted Government manager who planted a spy camera in a gym bathroom a discharge without conviction

The judge also gave him permanent name suppression.

The man pleaded guilty after a victim found the camera, which had almost 40-thousand images on it.

Today in the High Court at Auckland, Crown Prosecutor Mark Harborow argued the sentencing judge didn't have the agreed summary of facts -- but an earlier copy.

He says the decision was based on the man's claim he would 'lose his job and bring his Government-owned company into disrepute' -- but there was no evidence either scenario would happen.

Justice Simon Moore has reserved his decision.