saying that he (was/had been) about to board a flight.

The following discussion is taken from a CNN transcript:

BENJAMIN BRAFMAN, KAHN'S DEFENSE ATTORNEY: The defendant is a well-known, well-respected international person. He is also probably the most easily identified individual in the world today as a result of the publicity that has been generated during the past 72 hours.

ROTH: Judge Melissa Jackson said the law applies to Strauss-Kahn as it does with any other defendant. She denied bail, saying that he was about to board a flight, which raises some concerns.

In the last sentence, there is an indirect reported speech "saying that he was about to board a flight".

Can you use the past perfect tense here instead?
"saying that he had been about to board a flight"