Johnny Depp v The Sun: Everything you need to know
The High Court today heard evidence from Johnny Depp’s former bodyguards and employees, as the Hollywood actor’s libel case against the Sun entered its sixth day.
The three-week trial, which was postponed due to coronavirus, is set to wrap up on 27 July after hearing evidence from Depp, his ex-wife Amber Heard, and a host of colleagues, friends and family of the former pair.
Why is the lawsuit happening?
Depp is suing the Sun’s publisher News Group Newspapers (NGN) and the Sun’s executive editor Dan Wootton over an article from April 2018 that referred to Depp as a “wifebeater”, and which claimed there was “overwhelming evidence” that he attacked Heard, his wife at the time.
Depp and Heard met on the set of Hollywood film The Rum Diary in 2009, and were married in Los Angeles in 2015. The pair split 15 months later in 2016, and Heard obtained a restraining order against the actor, claiming he was “emotionally and physically abusive”.
Depp vehemently denies the claims.
The actor’s case against NGN follows the publication of an article on the Sun’s website in April 2018 that urged author JK Rowling to scrap Depp from the Fantastic Beasts and Where to Find Them franchise over allegations of domestic assault.
Depp has argued that the article’s headline, “Gone Potty: How can JK Rowling be ‘genuinely happy’ casting wife beater Johnny Depp in the new Fantastic Beasts film?”, is both untrue and defamatory.
Depp’s legal team has said the case is “not about money”, and that the actor wants to “clear his reputation” regarding the allegations.
Who needs to prove what?
The Hollywood star’s lawyers are set to argue that the Sun’s allegations are not true and amount to “serious harm” as defined in the Defamation Act 2013. They are expected to claim that the accusations have caused significant reputational damage and have lost him lucrative film roles.
NGN is seeking to prove that the Sun newspaper was justified in its publication of the article because it claims allegations of abuse against Depp are true. NGN is relying on 14 separate accounts of alleged domestic violence by Depp against Heard in its defence case.
Because Depp is bringing a defamation suit against NGN and Wootton, the onus is on the defence to prove that the actor abused his ex-wife, and not on Depp to prove his innocence.
In order for NGN to win the case, Justice Nicol, the judge in the libel case, will have to determine that there is “overwhelming evidence” that Depp beat his ex-wife, causing her to suffer significant injury and leading her to fear for her life on several occasions.
How is NGN trying to prove that?
NGN’s defence relies heavily on trying to prove that Depp has an “anger problem” that is strongly inflamed by “drugs and alcohol addiction”.
Sasha Wass QC, representing NGN and Wootton, has argued that the actor frequently lost control of himself as a result of his heavy drug and alcohol use, and that his memory of frequent fights between the former couple has been impaired by substance abuse.
NGN’s lawyers are also relying on texts, emails and medical notes that they claim back up Heard’s allegations of 14 separate accounts of domestic violence by Depp during their three-year relationship.
The court has also seen video footage and audio recordings of heated conversations between the pair, and seen photos of alleged abuse on both Heard and Depp’s bodies.
What has happened in court so far?
Depp yesterday rounded off his fifth day in the witness box, during which he dealt with more than 25 hours of cross-examination from Wass and NGN’s defence team.
The court has heard explosive claims of various different alleged assaults both by Depp against Heard and vice versa.
Heard has accused Depp of throwing a phone at her face, slapping her, dragging her by the hair and punching her, among other claims. Depp denies the allegations.
Depp has claimed that he himself was the victim of “abuse” by Heard during their relationship, and has accused her of throwing a “haymaker” punch at him, slicing the top of his finger off with a vodka bottle and defecating in his bed.
Depp yesterday told the High Court: “It seemed like everything she would accuse me of was something she had done to me.”
Heard denies the claims.
In an important U-turn last week, Depp admitted he “accidentally headbutted” Heard during a scuffle at their shared apartment in Los Angeles in December 2015, having previously denied that he had ever hit the Pineapple Express actress.
Depp claims the unintentional collision occurred as he was trying to stop Heard from attacking him during an argument.
What happens next?
The court will hear testimony from Heard as part of NGN’s defence, although it is not yet clear when the Zombieland actress will give evidence, after Depp’s cross-examination took two days longer than scheduled.
The three-week trial, which is due to finish on 27 July, will also hear testimony from current and former employees of both Depp and Heard, Heard’s sister Whitney, and friends and family of the former couple by video-link from Los Angeles.
The court is also set to hear testimony from Depp’s former partners Vanessa Paradis and Winona Ryder later this week, who are expected to back up the Pirates of the Caribbean star’s claims that he was not abusive.
French singer and model Paradis, who met Depp in 1998 and has two children with the actor, will give evidence at the trial from France via video-link. She has previously described Depp as a “kind, attentive, generous and non-violent person and father”.
Ryder, who starred alongside Depp in Edward Scissorhands, will give evidence in the trial via video-link from the US later this week, and is also expected to say that her partner of four years was never violent towards her.
In a witness statement, Ryder has said: “I obviously was not there during his marriage to Amber, but, from my experience, which was so wildly different, I was absolutely shocked, confused and upset when I heard the accusations against him.”
What happens if Depp wins?
Damages for libel in England rarely surpass the £300,000 mark, but the financial costs of the case are likely to reach £1m for each party regardless of who wins.
If Depp wins his case, Justice Nicol will have to decide what level of compensation he should receive for the harm to his reputation and for the “distress, hurt and humiliation caused”. He may also be entitled to aggravated damages.
Depp has repeatedly argued that his reputation is on the line, and that he has seen his finances and movie offers dry up as a result of the domestic violence allegations against him. When NGN’s lawyers tried to hurry his answers during oral testimony in the High Court last week, Depp said: “This is my life”.
The actor is also asking for a final injunction against NGN, who his legal team say “have retained the article on their website and maintained their allegation to the bitter end”.
Victory for Depp would also likely result in condemnation of the Sun newspaper, which has been the result of long-running boycott campaigns.
What happens if the Sun wins?
If the Sun wins the case, NGN will be entitled to a legal payout from Depp’s team, and will likely result in further reputational damage for the Hollywood actor.
Either way, Depp has subjected his life to forensic scrutiny and revealed private information about both him and Heard.
Emily Cox, partner at Stewarts law firm and expert in libel and defamation cases, said: “When it comes to [NGN] winning their case, it doesn’t necessarily matter if the evidence suggests that Depp’s marriage or private life left a lot to be desired, or that some of his behaviour should expose him to criticism.
“To win their defence, NGN and Wootton need to prove that their specific statement about Depp that was published in the Sun was in itself factually true.”
“Their statement focused on an allegation of domestic violence by Depp against his former wife, Amber Heard. Depp strenuously denies this, and the defendants will need to prove the truth of that specific allegation if they are to win this case.”
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