The Questionable Conclusions of the Johnny Depp Libel Case

Last week, a verdict was reached in Johnny Depp’s defamation lawsuit against the newspaper The Sun. Following allegations of abuse and a court case brought forward by his ex-wife Amber Heard, the Sun labeled Depp a ‘wife-beater’ in their headline. The verdict authored by Judge Andrew Nicol dismissed the claim on the grounds that most of the allegations against him were, in fact, ‘substantially true’, and he had assaulted and abused Heard.

In response to Heard’s allegations, Depp made his own counter-allegations of marital abuse against Heard, claiming himself to be the primary victim of violence in the relationship.

The court decision was immediately criticized by Depp’s attorney for being “perverse”, who also vowed to appeal. Such remarks would not be surprising in any case. However, here they seem to be well justified. In the verdict, the judge proceeded in highly dubious ways on many occasions and it is quite unlikely that his conclusions closely resemble the real events that happened.

Over the last year, recordings have been made public in which the couple is heard arguing and discussing their relationship. They offer a clearer and valuable view into the dynamics between the two actors in general, as well as provide additional details on some of the contentious incidents. However, even though the verdict cited these recordings, they did not play a large role in the decision and were broadly downplayed and dismissed by the judge.

The longer tape was recorded by Heard, presumably to be used in a therapeutic setting at a later point, and it is clear from it that the relationship between Depp and Heard was highly turbulent, with heated arguments which sometimes grew into physical altercations. 

In the recording, they both acknowledge being abusive to one another. However, the primary issue under discussion is Depp’s tendency to withdraw from the room and leave Heard by herself when an argument gets heated. She complains that he doesn’t stay with her throughout to solve the issue they are having, but runs away and doesn’t want to engage. At one point in the recording, Depp says that he does it because “there can be no physical violence,” and that they absolutely have to stay apart if things are getting out of control. Heard responds by saying: “I can’t promise you that I won’t get physical again.” Elsewhere, Heard confirms: “I did start a physical fight,” followed immediately by Depp: “Yeah, you did, so I had to get the f* out of there.”

Excerpts from this recording are transcribed and quoted in the court decision, in paragraph 171:

Show NSFW

Notably, in the transcript of one of the sections where Heard admits to starting physical fights, a break is inserted right after, just before Depp says he insists on getting away from Heard when that happens, rather than escalate the situation. Such omission is, indeed, somewhat suspicious. Especially so when the recording overall gives the impression of Depp being the calmer, more reserved, more level-headed one in the relationship, while Heard seems easily angered, volatile, and without much sense of self-control or self-restraint (as she herself admits at times).

Such an overall impression would not be in line with the picture the judge is constructing in his ruling at all. By not reflecting on the glimpse into the personalities which the recording offers, the judge can characterize Depp in very strong negative terms, and present his personality as aggressive, vindictive, and hot-tempered. Already dismissing a significant part of the information which the recording provides, in paragraph 175 of the ruling the judge proclaims that "no great weight is to be put" on admissions in the recording because this tape does not rise to the standard of rigour with which formal admissions of guilt are made in court.

Throughout the almost one-hundred-and-fifty-page ruling, the judge seems to be displaying a systematic bias against Johnny Depp. Overall, 13 incidents are investigated and reviewed. While it is clear from the facts which both sides agree on that some of those incidents were indeed violent, time and again the judge chooses to believe statements regarding the details of these incidents made by Heard and to disregard those made by Depp. Readers can see this process in paragraphs 210, 225, 238, 265, 274, 278, 286, 370, 386, 396, 406, 455, and 573 of the ruling.

In paragraph 386, for example, the judge accepts the evidence which establishes that both Heard and Depp were violent towards each other during one of the incidents. Then, he bafflingly concludes that this means Depp assaulted Heard. Where corroborating evidence is brought forth from the two sides of the dispute, the judge almost always views Heard’s evidence as credible and supportive of her claims, while dismissing Depp’s evidence as unreliable or untrustworthy. Readers are especially invited to review the entire sections addressing incidents 8, 9, and 10, where the apparent double standard is visible perhaps most clearly.

Furthermore, in the newer recording made public by the Daily Mail, Depp and Heard seem to be talking amid the ongoing court cases and discussing whether it would not be better to resolve their issues out of court. Depp seems to be extending the proverbial olive branch, saying that despite her allegations and famous public proclamations against him, which have damaged his reputation and career significantly, he is willing to end the dispute and drop his charges if she does the same. 

During the calmer parts of the tape, Heard talks about viewing the relationship as bad and ugly on both sides, and seems to be expressing her displeasure in having to say, if she went to court, that only he had been in the wrong and she was the sole victim. “It’s hard for me to even accept any sort of victimdom…”

However, when the situation gets heated and Depp says that if Heard really wants to go to court, that is what he will do, and that he is confident that he will win, Heard responds:

“Tell the world, Johnny. Tell them, Johnny Depp, ‘I, Johnny Depp …a man… I am a victim, too, of domestic violence.’ And I… You know, it’s a fair fight… And see how many people believe or side with you.”

Later, Heard also implies that she did physically assault him at times, but never managed to get him off his feet because of the difference in size between the two.

In the context of the #metoo movement, Heard was probably right in her threat against Depp. Throughout the dispute, the media and the public broadly sided with her, not being nearly as eager to believe Depp’s counter-allegations. Further, the current climate might have also influenced the judge and the approach he chose to take when reviewing the claims and evidence.

In his declaration, Depp claims that for years, Heard had been building up an ‘insurance policy’ plan to use against him in the case of their separation, which would then explain some written records from the past supporting her account. However, as the judge also concludes, this scenario is highly unlikely. Although on this point the decision was likely fair, the possibility of this explanation should not be completely dismissed either, as it would not be out of line with some of the quite vicious and manipulative aspects of Heard’s personality displayed in both recordings.

The relationship of Depp and Heard was clearly turbulent, and sometimes undeniably violent. It is most likely that this violence happened on both sides, and was started by both sides at different times. There is quite persuasive evidence that allegations of Depp’s psychological issues and an alter ego called ‘The Monster’ (who displays terrible, abusive behaviour towards people around - especially towards Heard) are based in reality. However, there is also persuasive evidence of Heard being the one initiating and exacerbating many of the conflicts, and being the one to escalate and turn them violent, despite the judge’s claim (par. 203) that Heard’s “quick temper” is “not the same as recourse to violence”. While it is likely that Depp’s allegations of a long-planned plot against him by Heard are not real, it is, on the flipside, quite likely that Johnny Depp was not the only (and perhaps not even the primary) source of abuse in the relationship over the years. His lawyers are right to appeal the recent decision, and the evidence of the incidents should be examined in more detail with increased scrutiny.