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Twist: Max Mosley arrives at court today to find that the star defence witness would not give evidence

The Max Mosley privacy case took a dramatic turn yesterday as the star witness failed to appear. 

Woman E, a dominatrix, took part in a sado-masochistic session with the motorsport boss and four other women and secretly filmed it for the News of the World.

But yesterday the paper's QC told the High Court her 'emotional and mental state is such that it would not be fair or reasonable to call her to give evidence'. The development meant the case was adjourned until Monday.

Mr Mosley, 68, the son of 1930s Fascist leader Sir Oswald Mosley, says his life was devastated when the paper claimed he had a 'sick Nazi orgy with five hookers', and is seeking punitive exemplary damages.

The dominatrix, who is the star witness for the Sunday paper, being sued for publishing details and images of the party, was said to be in such an emotional and mental state it would be unfair and irresponsible to call her to the High Court.

Woman E had earlier allegedly claimed she was told by another dominatrix that the party in a Chelsea basement flat in March was to have a Nazi theme.

But counsel for the newspaper, Mark Warby QC, said the defence was no longer relying on her evidence.

He had intended to call her today, and described her absence as 'a most regrettable situation'.

He the judge, Mr Justice Eady: 'This morning, about 10 to eight, I received information which leads those instructing me and my clients to take the view that her emotional and mental state was such that it would not be fair or reasonable to call her to give evidence.'

Woman E's husband will no longer be called because it would be wrong to ask him to give hearsay evidence in her absence, Mr Warby added.

But he told the judge that the decision not to call the witness did not mean they were abandoning the newspaper's position 'that there was in fact a Nazi theme' to the sex party.

The paper's chief reporter, Neville Thurbeck, this morning said that Woman E had told him that Woman A - who was set up in the Chelsea flat by Mr Mosley and organised sadomasochistic parties - had said the F1 boss's instructions were for a Nazi-themed party.

Mr Mosley, 68, the president of the FIA motoring organisation, claims the News Of The World article in April which branded the five-hour party with five dominatrices a 'sick Nazi orgy' was a breach of his privacy and is seeking punitive damages.

The son of Thirties' fascist leader Sir Oswald Mosley claims the revelations of his 45-year love of sadomasochism, which he had kept secret from his wife of 48 years, Jean, and from his two sons, has 'devastated' all their lives.

But the newspaper denies any wrongdoing and claims it was reasonable and justified to publish in the public interest.

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

He added that it was 'absolutely not true' that the paper fabricated the Nazi aspect of the story.

The editor told the court that the role-play, which included Mr Mosley being caned until blood was drawn, also a "potential criminal flavour".

Mr Mosley's QC James Price has said that the 'gross and indefensible intrusion' was made substantially worse by the entirely false suggestion that Mr Mosley was playing a concentration camp commandant and a cowering death camp inmate.

He said the newspaper was accusing his client of "instigating a crime upon himself ".

The case has been adjourned until Monday next week, when final legal submissions will be made .

The judge is then expected to reserve his decision.

No comments are permitted on this story because legal proceedings are underway