The drunken driving trial of Judge Nkola Motata has been postponed for four days because a key state witness is sick.
But Motata's defence counsel made it clear that delays in proceedings were prejudicial to his client.
He tried yesterday to have the trial continue without the testimony of Metro police officer Inspector Paulina Mashilela who is sick.
The case is being heard by magistrate Desmond Nair in the Johannesburg magistrate's court.
Motata's defence counsel, Danie Dorfling, said: "If the postponement is granted, the prejudice suffered by Judge Motata outweighs the prejudice suffered by the state."
Nair ordered prosecutor Zaais van Zyl to provide a medical certificate for Mashilela and to say when she would recover.
The trial will resume on Wednesday.