Roman Polanski, fugitive filmmaker's request to move his 31-year old child sex case moved to another jurisdiction for dismissal has been turned down by a Superior Court judge, on the grounds, Polanski has failed to make it clear why the entire court system should be disqualified.

Espinoza, the supervising judge of the criminal division will preside over a 21st Janaury hearing of Polanski's lawyers, as they argue why the sex charge against the film-maker should be dismissed.

Originally, Polanski was indicted on six charges, including rape, sex with a 13-year-old girl after plying her with champagne and drugs. Though, the director insisted it was consensual sex, in 1977 he pleaded guilty to a charge of unlawful intercourse with a minor 13-year-old girl, fleeing the country before the sentencing was complete. Now, a citizen of his native France, Polanski cannot be extradited, however, the moment he sets foot on US soil, he can be arrested as a fugitive from justice.

The minor victim, Samantha Geimer, now in her 40s and a mother of three living in Hawaii, says the civil suit brought by her family should be dismissed, as Polanski's long exile from Hollywood has been punishment enough.