I am a huge fan of Johnny Depp, what is not to like about him?
He is handsome, kooky, stars in amazing films and his posters covered my walls when I was a teenager, by the same token I know little to nothing about Amber Heard except what I have read or seen in news and online in recent months and years following her much publicised marriage and split with Johnny Depp, so it is hard for me to remain impartial, but I will endeavour to do so
I don't watch Reality TV, have never watched the Oscars, although I did see the infamous Will Smith slap on Breakfast news and I know little to nothing about the Kardashians except that their Dad was a friend of OJ
So unless I'm at the hairdressers and reading whatever magazine is there whilst waiting for my hair to cook whilst Ben, my long suffering and absolutely fabulous hairdresser is busy I have no idea what is going on in Tinseltown, but when I do its always lovely to see the glitz and glamour of Hollywood and the lives of A List celebrities with their fancy homes, private hideaways in tropical locations and gorgeous dresses as they walk up the red carpet, but Hollywood can have a dark side and money, fame and excess can cloud reality whilst us mere mortals watch on amazed by the soap opera being played out in the media giving us a glimpse into the reality of the life of our favourite stars
Recently we watched the UK trial in which actress Amber Heard gave evidence on behalf of the Sun who won a libel case in the U.K. High Court after an article in U.K. News Group Newspaper publication, The Sun, which stated that her ex-husband Johnny Depp engaged in domestic violence against her on multiple occasions and now the US version is playing out on Court TV so how have we got to where we are so long after the couple split?
The story of the two of them began when 22 year old Amber Heard met 45 year old father of 2 Johnny Depp on the set of the film The Rum Diary in 2009.
Depp and French singer/actress Vanessa Paradis had been together many years and had a son and daughter together ,though they had never officially married, meanwhile Heard was with Hawaiian artist and photographer Tasya Van Ree.
Amber Heard and Tasya Van Ree, 40, considered themselves a married couple, even though same-sex marriage was not legal in 2008 when Amber changed her name to match the photographer’s.
Then suddenly Depp was separating from Vanessa after 14 years and Heard was leaving her wife later Depp would say that during filming a shower scene for the Rum Diaries Heard kissed him and he felt things he should not have felt being in a long term relationship, but that he and Vanessa had issues, she was unhappy in America and wanted to return to France and Heard was so young and beautiful.....
Heard and Depp dated on and off for three years before getting engaged. and the couple married in 2015
At the time of their wedding on his private Island in the Bahamas OK magazine quoted a friend of Johnny Depp as saying at the time “He’s prepared to put everything on the line for Amber,” “He’s convinced they’re forever, even though they’ve already had major ups and downs and nearly split up several times over the past three years.
“He’s prepared to put everything on the line for Amber,”
“He’s convinced they’re forever, even though they’ve already had major ups and downs and nearly split up several times over the past three years"
OK Magazine also reported at the time that although they’ve had a rocky relationship, Depp declined a pre-nuptial agreement because “he wants to prove his love is for real.”
"he wants to prove his love is for real.”
The guest list was kept very small, with only a few dozen of their closest family and friends looking on as they made their vows under a white marquee decorated with flowers on the idyllic beach of Little Hall’s Pond Cay.
Johnny’s private island has been described as a tropical paradise. Their guests relaxed on the beaches, had fun snorkelling and enjoyed food cooked by private chefs.
Amber who was 28 at the time, wore a traditional long-sleeved white wedding gown and a floor-length veil, Johnny then 51, sported a white tuxedo jacket and black pants.
Their were several bridesmaids, including Amber's sister, whilst Johnny's 12-year-old son Jack stood by dad in matching attire. Vanessa Paradis and their daughter Lily were also there to support the couple so the beginning looked like a rocky start but ended in a fairy-tale wedding
During their short marriage the couple were in the news in Australia when she avoided a conviction for illegally taking her dogs into Australia. she had pleaded guilty in court to making a false statement on her immigration card about the couple's Yorkshire terriers.
A Queensland judge gave her a one-month good behaviour bond with no conviction recorded. If she breaks the bond she must pay A$1,000 ($770; £540).
The authorities also released an unusual video apology from the couple.
yet just over a year after they wed, the marriage was over. The split came only a few days after Depp's mother passed away
In May 2016, Heard, attended court in Los Angeles making an application for a restraining order against Depp.
As she left the building, she found herself surrounded by photographers, journalists and film crews. On her cheek was what appeared to be a mark. The court was also shown photographs of what looked like facial bruising.
She said Depp had "violently" attacked her and in a rage had thrown a mobile phone at her face with "extreme force". There were also allegations of other incidents of domestic violence. She said she had endured "excessive emotional, verbal and physical abuse" and "angry, hostile, humiliating and threatening assaults". Depp denied the abuse.
The restraining order was granted, and soon after the marriage was over.
She alleged that Depp had physically abused her during their relationship, and said it was usually while under the influence of drugs or alcohol.
She alleged that at the time of filing for divorce, an incident had recently taken place in which Depp threw his phone at her, leaving her with a bruised face. However, a police spokesman stated that an investigation into the domestic incident radio call found that no crime had taken place.
Depp denied these accusations and through his representatives said Heard was "attempting to secure a premature financial resolution by alleging abuse."
A year after their separation the divorce settlement was finalised in 2017 when just before they were due in Court to settle the financial aspects of their divorce a deal between the former couple was reached after what had seemed like a public battle of claims of jealous paranoia, drunken rages, manipulative greed and a severed fingertip.
Heard kept the dogs that were at the centre of the Australia scandal. Meanwhile, Depp retained sole possession of all properties, including his private island where they wed and his collection of classic cars and motorcycles.
Heard had requested $50,000 a month spousal support as reports stated she had earnings of approximately $7,000 a month but overheads of nearly $40,000 a month,
However, she eventually dropped this request and settled for $7 million, equivalent to £5.3 million, Furthermore, a non-disparagement clause was inserted into the settlement that prevented either party from saying anything negative about the high-profile relationship and break-up.
Heard then announced she was giving the money to two American charities. Half of it would specifically go towards efforts to combat violence against women, and the other half towards a paediatric hospital in California.
money played no role for me personally and never has, except to the extent that I could donate it to charity and, in doing so, hopefully help those less able to defend themselves.”
Heard released a statement released following the settlement that said “money played no role for me personally and never has, except to the extent that I could donate it to charity and, in doing so, hopefully help those less able to defend themselves.” Heard said the money would be split between the American Civil Liberties Union (ACLU) and the Children’s Hospital Los Angeles (CHLA).
Io Tillett Wright, a friend of Heard’s, wrote for Refinery 29: “The reports of violence started with a kick on a private plane, then it was shoves and the occasional punch, until finally, in December, she (Amber) described an all-out assault and she woke up with her pillow covered in blood. I know this because I went to their house. I saw the pillow with my own eyes. I saw the busted lip and the clumps of hair on the floor.”
Despite the order in the divorce that neither party speak out negatively about their relationship or divorce what has followed is 6 years of legal wrangling's and their private lives being laid bare, not in criminal courts but civil courts ,court of public opinion and trial by media where neither party is coming out as being completely innocent of wrong doing.
In April 2018 UK Newspaper The Sun published an article that referred to Depp as a “wifebeater”, and which they claimed there was “overwhelming evidence” that he attacked Heard, during their marriage
In the article the newspaper urged author JK Rowling to scrap Depp from the Fantastic Beasts and Where to Find Them franchise over allegations of domestic assault.
The article, was entitled “Gone Potty: How can JK Rowling be ‘genuinely happy’ casting wife beater Johnny Depp in the new Fantastic Beasts film?”,
Writing in the article Dan Wootton states Heard – backed up by numerous friends on the record – recounted a detailed history of domestic abuse incidents, some of which had led to her fearing for her life. According to the court documents, there were kicks, punches, shoves and “all-out assault”.
While Depp’s many high powered friends accused Heard of simply seeking a pay-out, she proved them wrong by committing to donate ALL of the £5 million she received to charity.
Later that year in December 2018 Heard wrote in the Washington Post an opinion piece she entitled “I spoke up against sexual violence — and faced our culture’s wrath. That has to change.”
Depp’s name isn’t mentioned, but most people interpreted this as being about him she stated in the article that she “became a public figure representing domestic abuse” and “felt the full force of our culture’s wrath for women who speak out.”
she further wrote Friends and advisers told me I would never again work as an actress — that I would be blacklisted. A movie I was attached to recast my role. I had just shot a two-year campaign as the face of a global fashion brand, and the company dropped me. Questions arose as to whether I would be able to keep my role of Mera in the movies “Justice League” and “Aquaman.”
I write this as a woman who had to change my phone number weekly because I was getting death threats. For months, I rarely left my apartment, and when I did, I was pursued by camera drones and photographers on foot, on motorcycles and in cars. Tabloid outlets that posted pictures of me spun them in a negative light. I felt as though I was on trial in the court of public opinion — and my life and livelihood depended on myriad judgments far beyond my control.
This caused Depp’s lawyer Adam Waldman to speak out that the column was an “abuse of the #MeToo movement” and claimed Heard “masquerades as victim rather than abuser.” and that he and his client looked forward to presenting “overwhelming video, photographic and eyewitness evidence” that would clear Depp’s name.
A movie I was attached to recast my role. I had just shot a two-year campaign as the face of a global fashion brand, and the company dropped me.
Amber Heard writing in the Washington Post
So then Depp and his PR machine went into damage control and the lawsuits began
Depp -v- NGN in London
A claim was also brought against Sun’s publisher News Group Newspapers (NGN) and the Sun’s executive editor Dan Wootton and we have seen these cases rumble on through the legal system here in the UK and over in the USA
In the claim against The Sun Depp's legal teams argument was that the Sun’s allegations were not true and amounted to “serious harm” as defined in the Defamation Act 2013.
Defamation under this act being the action of damaging the good reputation of someone; slander or libel. slander being the action or crime of making a false spoken statement damaging to a person's reputation, libel, as in this case is a published false statement that is damaging to a person's reputation; so a written defamation.
Defamation court battles can be very expensive - fees often exceeding over £1 million. but anyone who thinks they have been defamed can sue. Companies, like individuals, have reputations to defend - so they too can go to court but usually the costs are prohibitive and damages rarely exceed £300,000
Normally a defence for Defamation comes form of 1 of 5 categories
In the UK, there are five ways that someone can see off the claim in court: Usually it is the law of England and Wales as Scotland has its own legal system but in Defamation they are very similar in most ways
Truth: or veritas in Scotland - The meaning of the words are factually accurate and cannot be disproved.
Honest opinion: or fair comment in Scotland That the words are an honestly-held opinion, based on an analysis of facts, that anyone else could also hold. This defence is very important to people like food or film critics to assist them in being accused of unfairly criticising whilst doing their job
Privilege: This protects the accurate and fair reporting of what is said in the courts and Parliament, among other official bodies, without fear of being taken to court.
Innocent dissemination: This protects TV channels and radio stations from being sued when a guest calls in and may say something that is defamatory
Responsible publication: This allows journalists to argue that even if the facts that they published weren't entirely correct, they were reporting something that was clearly in the public interest. This is a significant difference to the position in Scotland, where the legal test means it is harder for a journalist to prove that the story was in the public interest.
Depp's lawyers claim was that the accusations have caused significant reputational damage and had lost him lucrative film roles. NGN is sought to prove that the Sun newspaper was justified in its publication of the article because its allegations of abuse against Depp are true. Under the defence of Truth and NGN were to rely on 14 separate accounts of alleged domestic violence by Depp against Heard in its defence case.
The Trial which took place in the High Court in London England was described as the biggest libel trial of the 21st century, and lasted over 16 days, across five courtrooms and saw witnesses giving evidence in-person and via video-link from LA, Covid restrictions were in place in England at the time so the parties were often seen arriving at Court wearing face masks The precising Judge was Andrew Nicol
Judge Andrew Nicol seemingly believed that Heard’s claims that she was abused, and even held hostage during the couple's time in Australia
In his ruling, Nicol actually collected all 14 allegations made by either Depp or The Sun (via Heard herself, whose claims the newspaper were relying on for their article) and determined whether he believed Heard, Depp or neither of them.
Ultimately, after determining that Depp was mostly at fault in 12 of the 14 allegations, Nicol determined that The Sun had successfully argued that it was reasonable for the paper to refer to Depp as a "wife-beater." The burden of proof in Civil trials is Balance of Probability this means that the decision maker (s) with appropriate subject matter expertise is satisfied an event or account is more likely than not to have occurred. as opposed to Beyond Reasonable Doubt in criminal cases
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Judge Andrew Nicol said in his judgment that the paper’s claims had been shown to be
“substantially true.”
“I have reached these conclusions having examined in detail the 14 incidents on which the defendants rely, as well as the over-arching considerations which the claimant submitted I should take into account,”
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