Star Witness in Mosley case fails to appear

There was a dramatic twist today in motorsport boss Max Mosley's privacy action against the News of the World over what it called a "sick Nazi orgy" when its star witness failed to give evidence.

The newspaper's informant, woman E's "emotional and mental state is such that it would not be fair or reasonable to call her to give evidence," said its QC, Mark Warby.

The development meant that the case was adjourned until Monday for counsel to prepare their closing speeches.

E, a dominatrix who secretly filmed the sadomasochistic session at a Chelsea flat in March, was due to give evidence together with her husband.

Mr. Warby told Mr. Justice Eady at London's High Court: "This morning, at about ten to eight, I received information which has later been elaborated on which leads those instructing me and my clients to take the view that her emotional and mental state is such that it would not be fair or reasonable to call her to give evidence."

Because of that, he added, he was not maintaining the case that instructions were given to E by another woman, A, which originated from Mr. Mosley, about a Nazi theme.

He said: "We will not persist in that case. It is a most regrettable situation to have arrived at." The Independent