Bill Cosby smiles and waves as he leaves courts despite judge ruling his sex assault case WILL go ahead

Judge refused to throw out the sexual assault case against Bill Cosby on Wednesday, sweeping aside a former district attorney's claim that he granted the comedian immunity from prosecution a decade ago.

Common Pleas Judge Steven O'Neill issued the ruling after a hard-fought two-day hearing, saying witness credibility was a factor. He did not elaborate.

In another setback for the defense, the judge also denied a defense request to disqualify newly elected Montgomery County District Attorney Kevin Steele from the case. Cosby's lawyers had accused Steele of making a 'political football' out of Cosby during the campaign.

A preliminary hearing has now been set for March 8.

The judge has not yet ruled whether Cosby's 2005 deposition will be admissible, however, during the trial.

Despite this setback, Cosby was seen waving and smiling as he left court Wednesday night, just as he did the day before while driving off.