Witness Fails to Show in London `Nazi Orgy` Case

The witness, a prostitute,gave no reason for her failure to appear, leaving the defence at a loss.

A star defence witness failed to turn up in a privacy case involving sado-masochistic sex and the head of world motor racing at London's High Court on Thursday.

The witness, a prostitute who secretly filmed a basement orgy involving motor racing boss Max Mosley and four other women, some dressed in German military uniforms, gave no reason for her failure to appear, leaving the defence at a loss.

Mosley, 68, president of Formula One's governing body the International Automobile Federation (FIA) and son of Britain's 1930s Fascist leader Sir Oswald Mosley, brought the case against The News of the World newspaper, which last year published lurid photos and video taken at the orgy.

The case was adjourned and will resume on Monday, when closing arguments are expected to be heard. Justice David Eady, one of the top media, libel and privacy judges, could deliver a ruling as soon as next week.

The case could have widespread repercussions in Britain, where tabloid newspapers thrive on exposes of celebrities said to be caught in sexual shenanigans, drug taking or other questionable behaviour.

Mosley does not deny taking part in the sado-masochistic role-playing, which involved him being spanked, whipped and humiliated, at times in German, but denies the sex games had any Nazi overtones and says the paper violated his right to privacy.

The paper says it was justified in publishing the story because of Mosley's high international profile.

Mosley faced pressure to quit after the story was published. However, he won a vote of confidence at an FIA meeting last month and continues in his job, despite disapproval in some circles of the glamorous motor racing world.

During evidence, Mosley has confessed to having had a penchant for sado-masochism since an early age, but dismissed any suggestion he gets off on Nazi role-playing, saying he could think of few things more "unerotic".

Appearing in court this week, two women who took part in the orgy denied there was any Nazi theme, saying instead that it had been a "prison fantasy", an event for which Mosley had paid 2,500 pounds ($4,930).

"No Nazi images, uniforms or material were used," a student in her 20s, identified as Woman D, told the court.

The witness due to give evidence on Thursday, Woman E, was the key source for The News of the World's expose as she filmed the session. Mark Warby, a lawyer for the paper, said it appeared she was now too distraught to give evidence.

"I received information this morning 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," he told the judge.

Woman E's testimony was expected to be core to the defence's case because she had claimed that she'd received instructions, emanating from Mosley, requesting a Nazi theme for the orgy.

Warby said he was no longer looking to sustain that claim, but added the paper was not abandoning its contention that a Nazi element was involved in what took place.