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Evening Standard
Evening Standard
World
Michael Howie

Jurors to hear opening statements in Johnny Depp and Amber Heard’s latest libel battle

Johnny Depp leaves Fairfax County Circuit Courthouse following jury selection on Monday

(Picture: REUTERS)

A jury in Virginia is expected to hear opening statements on Tuesday in Johnny Depp’s $50millon defamation lawsuit against his ex-wife Amber Heard.

Depp, 58, claims Heard libeled him when she wrote an op-ed piece in The Washington Post in 2018 referring to herself as a “public figure representing domestic abuse”.

Depp is never mentioned by name, but he says the article implicates him nonetheless because it refers to past accusations Heard, 35, made when she sought a restraining order against him. Depp denies the abuse allegations.

He says the accusations have made it difficult for him to get the sorts of roles he used to, and launched the 50 million dollar (£38.2 million) lawsuit in 2019.

The actress has filed a counterclaim for defamation against Mr Depp because of statements his lawyer made about her.

Both actors appeared in person for jury selection on Monday and are expected to give evidence during the six-week trial alongside other high-profile figures including James Franco, Paul Bettany and Elon Musk.

Amber Heard was also photographed leaving the court (AFP via Getty Images)

Mr Depp wore a grey suit and glasses, and wore his long hair down, while Ms Heard wore a black jacket and white blouse.

A jury panel of 11 people were sworn in, with potential candidates asked a series of questions on subjects including the MeToo movement, their links to the entertainment industry, and their opinions of the Washington Post.

Depp fans queued outside a US court from the early hours of the morning to support the actor in his latest legal battle.

Around 50 fans had gathered outside Fairfax County District Court, some from 5am, hoping to catch a glimpse of him.

The actress’s lawyers are expected to argue she should be immune from the libel suit because of a Virginia law known as an anti-Slapp provision (strategic lawsuit against public participation).

The provision is designed to protect people from nuisance lawsuits when they speak about matters of public concern.

Fans show support for Johnny Depp and Amber Heard outside Fairfax County Circuit Court (Getty Images)

Ms Heard’s lawyer, Elaine Bredehoft, has argued the article addresses a serious issue of public concern: preventing domestic violence.

The case is being brought in Virginia rather than in California, where the actors live, because the Washington Post’s online editions are published through servers located in Fairfax County.

Mr Depp’s lawyers say one of the reasons they brought the case in Virginia is because the state’s anti-Slapp law is not as broad as the one in California.

It comes after he lost a similar defamation case in the UK, which he brought against the publishers of The Sun, News Group Newspapers (NGN).

An article also written in 2018 by The Sun’s executive editor Dan Wootton referred to Mr Depp as a “wife-beater” in the headline.

Following a 16-day trial in July 2021, a judge found the content of the article to be “substantially true”.

Mr Depp was refused permission to appeal against the decision at the Court Of Appeal.

His legal team, consisting of prosecutors Benjamin Chew and Camille Vasquez, will begin with their opening arguments on Tuesday.

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