16 h, jun 29, 2020 y - DAILY MAIL
JD libel case could be
thrown out after lawyers
breached court order
Description:
Johnny Depp is in breach of a court order for failing to disclose texts, which apparently show him trying to obtain drugs, to The Sun’s lawyers ahead of his libel trial against the newspaper.
In a surprise turn of events at a hearing last Thursday, NGN’s legal team asked trial judge Mr Justice Nicol to strike out Mr Depp’s claim.
Adam Wolanski QC argued that the Hollywood star was in “serious” breach of a court order because he had not given NGN’s legal team what he referred to as the “Australia drugs texts” between Mr Depp and his assistant, Nathan Holmes.
The messages, sent in late February and early March 2015 – shortly before an alleged incident in Australia between Mr Depp and Ms Heard, which she claims was “a three-day ordeal of physical assaults” – demonstrated that Mr Depp was trying to get drugs during the Australia visit, Mr Wolanski said.
He told the court that references to “happy pills” and “whitey stuff” showed Mr Depp was trying to obtain MDMA and cocaine, which he argued was “profoundly damaging to his case”.
But Mr Depp’s barrister, David Sherborne, said the messages were not relevant as they did not relate to the allegations of domestic violence, and said Mr Depp had been frank about his drug-taking history.
He said: “The issue in this case is whether the defendants can prove that the claimant committed serious domestic violence and put Ms Heard in fear.
“It is not about whether Mr Depp asks for drugs.”
In a ruling on Monday, Mr Justice Nicol found that Mr Depp had breached an “unless order” requiring him to disclose documents from separate libel proceedings against Ms Heard in the US.
The judge said: “The Australian drug texts were adverse to the claimant’s pleaded case and/or were supportive of the defendants’ pleaded case.”
But Mr Justice Nicol did not make a declaration that Mr Depp’s case was automatically struck out, and said the actor’s application for “relief from sanctions” would be heard later on Monday morning.
During last week’s hearing, Mr Wolanski said Mr Depp subjected Ms Heard to a “three-day hostage-taking situation” in Australia while he was taking MDMA, also known as ecstasy, and drinking heavily.
The barrister said Ms Heard alleges she was subjected to assaults after she challenged Mr Depp for taking a number of pills and washing them down with red wine.
Mr Depp “expressly denies” that he took the drugs, that Ms Heard found a bag of pills or that the pair had any conversations about drug use during that time, and claims Ms Heard went into “a prolonged and extreme rage” after a discussion of a post-nuptial agreement.
His barrister said NGN’s legal representatives have had access to the text messages as they form part of the evidence in separate US libel proceedings Mr Depp has brought against Ms Heard, and that Mr Depp is aware they have been given access to those documents.
The alleged incident in Australia is one of 14 separate allegations of domestic violence, between early 2013 and May 2016, that NGN relies on in its pleaded defence to Mr Depp’s claim.
Added to timeline:
The Johnny Depp Chronology
Johnny Depp and Amber Heard Complete Timeline
The Johnny De...
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