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Prostitute who filmed Mosley sex party 'unfit' to face court
Valentine Low, Evening Standard10 Jul 2008
The High Court privacy case involving Formula One boss Max Mosley and a sadomasochistic sex party took a dramatic twist today when the prostitute who secretly filmed it failed to give evidence.
The star witness for the News Of The World, which is being sued for publishing details and images of the party, was said to be in such an emotional and mental state that she was not called to give evidence.
The witness - known as Woman E - allegedly claimed she was told that the party in a Chelsea basement flat in March was to have a Nazi theme.
However, 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 said: "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."
But Mr Warby 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".
The paper's chief reporter, Neville Thurbeck, said today 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 Mr Justice Eady, who is hearing the landmark case in London, that he believed the story was one of "legitimate public interest and one that I believe was legitimately published".
He said 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.
