5) The Commission proceeded with a misconduct inquiry in respect of the remaining two charges of misconduct. It was alleged that during the period October 2002 to July 2004, during and after official office hours, Mr Chauke retained and forwarded e-mails to other persons containing explicit pornographic material on and from a computer supplied to him by the Department of Justice and Constitutional Development for the exclusive use in the execution of his official duties as a magistrate. It was also alleged that he used the computer to access internet sites containing explicit pornographic or obscene material.