Star witness misses Mosley case

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."

But Mr Warby emphasised that the newspaper was not abandoning the proposition that there was in fact a Nazi theme - that would continue on the basis of other evidence.

The newspaper's chief reporter Neville Thurlbeck has told the court E told him she had been informed by A that her instructions from Mr Mosley were that the orgy was to have a Nazi theme and that woman A and woman B were expected to wear German uniforms.

He said that there was an "overwhelming, absolutely overwhelming Nazi theme" to the footage.

The newspaper's editor Colin Myler has said that he believed the story was one of "legitimate public interest and one that I believe was legitimately published".

It was "absolutely not true" that the paper fabricated the Nazi aspect of the story, he said.

Mr Mosley, the 68-year-old son of the 1930s Fascist leader Sir Oswald Mosley, says that his life was devastated by the expose of what the newspaper called a "sick Nazi orgy with five hookers", and is asking for an unprecedented award of punitive exemplary damages.

Mr Price has said that the "gross and indefensible intrusion" was made substantially worse by the entirely false suggestion that Mr Mosley, president of the FIA (Federation Internationale de l'Automobile) was playing a concentration camp commandant and a cowering death camp inmate.

PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksAn evocation of the conflict through the eyes of those who lived through it
Arts and Entertainment
Judi Dench appeared at the Hay Festival to perform excerpts from Shakespearean plays
tvJudi Dench and Hugh Bonneville join Benedict Cumberbatch in BBC Shakespeare adaptations
Life and Style
fashion David Beckham fronts adverts for his underwear collection
Arts and Entertainment
Exhibition at the Centre Pompidou in Metz - 23 May 2012
art
News
i100Most young people can't
Sport
Is this how Mario Balotelli will cruise into Liverpool?
football
Arts and Entertainment
Alfred Molina, left, and John Lithgow in a scene from 'Love Is Strange'
film
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

C# Developer -Winforms, VB6 - Trading Systems - Woking

£1 per annum: Harrington Starr: A leading financial software house with its He...

C #Programmer (.Net 4.0/4.5/ C#) -Hertfordshire-Finance

£45000 - £50000 per annum: Harrington Starr: C #Developer (.Net 4.0/4.5/ C#, A...

JQuery Developer JQuery, UI, Tomcat, Java - Woking

£1 per annum: Harrington Starr: JQuery Developer JQuery, UI, Tomcat, Java - Tr...

Web Developer (JQuery, UI, Tomcat, Java) - Woking

£1 per annum: Harrington Starr: Web Developer (JQuery, UI, Tomcat, Java)- Trad...

Day In a Page

Middle East crisis: We know all too much about the cruelty of Isis – but all too little about who they are

We know all too much about the cruelty of Isis – but all too little about who they are

Now Obama has seen the next US reporter to be threatened with beheading, will he blink, asks Robert Fisk
Neanderthals lived alongside humans for centuries, latest study shows

Final resting place of our Neanderthal neighbours revealed

Bones dated to 40,000 years ago show species may have died out in Belgium species co-existed
Scottish independence: The new Scots who hold fate of the UK in their hands

The new Scots who hold fate of the UK in their hands

Scotland’s immigrants are as passionate about the future of their adopted nation as anyone else
Britain's ugliest buildings: Which monstrosities should be nominated for the Dead Prize?

Blight club: Britain's ugliest buildings

Following the architect Cameron Sinclair's introduction of the Dead Prize, an award for ugly buildings, John Rentoul reflects on some of the biggest blots on the UK landscape
eBay's enduring appeal: Online auction site is still the UK's most popular e-commerce retailer

eBay's enduring appeal

The online auction site is still the UK's most popular e-commerce site
Culture Minister Ed Vaizey: ‘lack of ethnic minority and black faces on TV is weird’

'Lack of ethnic minority and black faces on TV is weird'

Culture Minister Ed Vaizey calls for immediate action to address the problem
Artist Olafur Eliasson's latest large-scale works are inspired by the paintings of JMW Turner

Magic circles: Artist Olafur Eliasson

Eliasson's works will go alongside a new exhibition of JMW Turner at Tate Britain. He tells Jay Merrick why the paintings of his hero are ripe for reinvention
Josephine Dickinson: 'A cochlear implant helped me to discover a new world of sound'

Josephine Dickinson: 'How I discovered a new world of sound'

After going deaf as a child, musician and poet Josephine Dickinson made do with a hearing aid for five decades. Then she had a cochlear implant - and everything changed
Greggs Google fail: Was the bakery's response to its logo mishap a stroke of marketing genius?

Greggs gives lesson in crisis management

After a mishap with their logo, high street staple Greggs went viral this week. But, as Simon Usborne discovers, their social media response was anything but half baked
Matthew McConaughey has been singing the praises of bumbags (shame he doesn't know how to wear one)

Matthew McConaughey sings the praises of bumbags

Shame he doesn't know how to wear one. Harriet Walker explains the dos and don'ts of fanny packs
7 best quadcopters and drones

Flying fun: 7 best quadcopters and drones

From state of the art devices with stabilised cameras to mini gadgets that can soar around the home, we take some flying objects for a spin
Joey Barton: ‘I’ve been guilty of getting a bit irate’

Joey Barton: ‘I’ve been guilty of getting a bit irate’

The midfielder returned to the Premier League after two years last weekend. The controversial character had much to discuss after his first game back
Andy Murray: I quit while I’m ahead too often

Andy Murray: I quit while I’m ahead too often

British No 1 knows his consistency as well as his fitness needs working on as he prepares for the US Open after a ‘very, very up and down’ year
Ferguson: In the heartlands of America, a descent into madness

A descent into madness in America's heartlands

David Usborne arrived in Ferguson, Missouri to be greeted by a scene more redolent of Gaza and Afghanistan
BBC’s filming of raid at Sir Cliff’s home ‘may be result of corruption’

BBC faces corruption allegation over its Sir Cliff police raid coverage

Reporter’s relationship with police under scrutiny as DG is summoned by MPs to explain extensive live broadcast of swoop on singer’s home