Defence Advocate Terry Price says Peter Daubermann’s question about how much of Pastor Timothy Omotoso's penis size, in terms of centimetres penetrated, was necessary.
Price told the court that the question might have not been asked in right way, but it needed to be asked.
He further said that an impartial judge is a fundamental pre-requisite for a fair trial.
The Advocate argued for the Judge to allow the matter to be heard by the Supreme Court of Appeal.
While the state prosecutor Nceba Ntelwa disagreed with Price, saying the submissions made by the defence are a ploy to delay proceedings.
"Defence has failed to show grounds of bias. No other court will find bias on the part of this court," Ntelwa said.
He added that the application will fail.
The case was postponed until Tuesday, 30 October.