Why did Johnny Depp lose Sun libel? 5 highlights from verdict that proved actor assaulted ex-wife Amber Heard
Johnny Depp has lost his libel case against News Group Newspapers, publishers of The Sun, as well as it's executive editor Dan Wootton, over an April 2018 article, which the actor had alleged unfairly branded him a "wife-beater."
The summary of the verdict read out by London high court's Justice Nicol on Monday, November 2, read: "The Claimant has not succeeded in his action for libel. Although he has proved the necessary elements of his cause of action in libel, the Defendants have shown that what they published in the meaning which I have held the words to bear was substantially true. I have reached these conclusions having examined in detail the 14 incidents on which the Defendants rely as well as the overarching considerations which the Claimant submitted I should take into account. In those circumstances, Parliament has said that a defendant has a complete defense. It has not been necessary to consider the fairness of the article or the defendants’ ‘malice’ because those are immaterial to the statutory defense of truth. The parties will have an opportunity to make submissions in writing as to the precise terms of the order which should follow my decision."
During the trial, the court heard allegations that Depp attacked his former wife, Amber Heard, on at least 14 occasions during their relationship between 2013 and 2016. The judge concluded in his verdict that Depp physically assaulted Heard 12 out of 14 times - starting in 2013 when he slapped the actress when she made a joke about his "Wino Forever" tattoo.
Here are 5 highlights of the verdict, and the reasons why it did not go in favor of the actor:
Judge accepts claims of assault in an incident in Hicksville in June 2013
The allegation against Depp was that he attacked Heard in a trailer in Hicksville, throwing glasses at her and ripping her dress. Regarding the incident, the judge said, "In the course of the argument, Mr Depp caused significant damage to the trailer. Ms (Kristina) Sexton could see that the damage was more than a broken light fixture which Mr Depp admitted damaging. I accept her evidence. The argument and the damage to property are symptomatic of Mr Depp’s manner when ‘the monster’ side of his personality was dominant. I also accept the evidence of Ms Heard that another aspect of ‘the monster’ was that Mr Depp physically assaulted her as she described."
Depp verbally and physically abused Heard on plane journey from Boston to LA
It was alleged that the actor screamed at his then-wife on a private jet in May 2014 after taking drugs and boozing before kicking her in the back or bottom. "As had happened previously when Mr Depp became drunk and high on illegal drugs, he insulted Ms Heard and screamed obscenities at her. In his closing submissions, Mr (David) Sherborne (Depp's lawyer) submitted that Mr Depp would not have done this in the presence of Mr (Stephen) Deuters, Mr Jerry Judge (Mr Depp’s head of security) and the flight crew... However, I prefer the evidence of Mr Depp’s text to Mr (Paul) Bettany in which after recounting what he had consumed he asked rhetorically, ‘What do you get?’ Mr Depp’s answer to that question was, ‘a fuckin’ blackout, screaming obscenities and any fuck who gets near,’" the judge said.
He added: "These verbal insults became, in the course of the flight, physical abuse. Whatever the configuration of the furniture on the plane, Mr Depp managed to kick Ms Heard on her back or bottom. This was more than a ‘playful tap’, contrary to what he and Mr Deuters said in their evidence. Mr Sherborne submitted that Mr Deuters (and Mr Judge) would not have allowed that to happen. I do not accept that submission. Their first loyalty was to Mr Depp."
Assault during detox trip to the Bahamas in 2014
Regarding this incident, the court had previously heard that Depp had allegedly grabbed the 'Aquaman' actress by the hair, slapped her and pushed her to the ground during the trip. Justice Nicol concluded, "I find it more likely than not that Mr Depp did push Ms Heard on at least one occasion (as reflected in her text of 17th August 2014). I am not able to conclude whether there was more than this one assault. That Ms (Tara) Roberts (Depp's estate manager) never saw Mr Depp assault Ms Heard takes the matter no further. The staff (including Ms Roberts) lived in a different part of the island. In any event, Ms Heard’s account is that she was generally assaulted by Mr Depp only when no one else was present. That is a common feature of domestic abuse. Ms Heard acknowledged that she had made a mistake about the location of the door which was splintered. That is a peripheral matter and I do not find it causes me to doubt her account of being assaulted by Mr Depp."
Judge accepts that Depp's allegations against Heard as abuser hurt her career
"I also accept that Ms Heard’s allegations have had a negative effect on her career as an actor and activist," Nicol said, going onto cite what Heard had said in her witness statement made on March 19, 2020. "Following this publicity, I have been subjected to a campaign of targeted online abuse on social media as well as online petitions calling for me to be removed from any future sequel to Aquaman and from my association with L’Oreal. This has not been limited to my professional and commercial projects. It has also been aimed at what is most important to me: my humanitarian work, including my partnership with the United Nations (UN) and other non-governmental organizations like the American Civil Liberties Union (ACLU) and many others, and the important work these organizations do," Heard had said.
The judge also went onto cite a text sent by Depp to Christian Carino on August 15, 2016, in this reference, where the actor wrote, "She’s begging for total global humiliation. She’s gonna get it. she sucked Mollusk’s [I assume a reference to Elon Musk] crooked d**k and he gave her some shitty lawyers ... I have no mercy, no fear and not an ounce of emotion or what I once thought was love for this gold digging, low level, dime a dozen, mushy, pointless dangling overused flappy fish market ... I’m so fucking happy she wants to fight this out!!! She will hit the wall hard!!!..."
Judge dismisses claims that Heard's evidence against him was 'Hoax' or that she was a golddigger
"A recurring theme in Mr Depp’s evidence was that Ms Heard had constructed a hoax and that she had done this as an ‘insurance policy’ – presumably in the event that the marriage broke down. Mr Sherborne commented in his closing submissions that Ms Heard had said that she recorded some of her conversations with Mr Depp to show him what he was capable of doing when the Monster prevailed and yet many of these were never played to or shown to Mr Depp. She was, according to this scenario, nothing more than a gold-digger. I have in the course of this judgment given reasons why I do not accept this characterization of Ms Heard," the judge said in the verdict.
He continued to explain that after carefully considering the evidence that was presented in the court, including the suggestion from Depp's team that his former spouse settled for a sum of money far greater than what normal divorce settlement rates go for in the United States, he refused to believe that the actress was after the actor's money. "I recognize that there were other elements to the divorce settlement as well, but her donation of the $ 7 million to charity is hardly the act one would expect of a gold-digger," he said."
The judge added: "As Ms (Sasha Wass, The Sun's lawyer) said in her closing submissions, if Ms Heard had been constructing a hoax there are various measures which she might have taken, but which she did not I agree that those points add further force to the conclusion I would anyway have reached, which is to reject the ‘hoax’ or ‘insurance policy’ thesis."