Thread by @nickwallis

DS I’m going to take you to the Bahamas now

[now that would be worth watching]

DS you were shown an exchange from JD’s phone and Rocky Pennington’s phone about planning to cook mushrooms and your name was mentioned and you didn’t seem to know anything about it
SD yes

[David Sherborne is disappearing of mic again…]
DS so these texts look like they’re coming from Mr Depp’s phone and then if we keep reading down it says “It’s Amber - and I always get what I want”
SD yes
DS so when it was suggested to you you’d know where to get mushrooms...

… did you know where to get mushrooms?
SD no
[we move on]
[DS is moving to a text from SD to JD - “I know AH loves you but I must admit to be saddened and angered by her behaviour tonight” - then goes on to talk about JD’s drug use, and AH mocking him for being stoned]

DS was AH angry at JD’s behaviour SD yes
DS and his behaviour was betraying his promises relate to drug use
SD yes
[we go to the ice-cream photo]
DS had JD passed out through drink and drugs or had he fallen asleep because he was exhausted
SD no no idea

[we go to the stocking of the Australian house]
DS did he order alcohol for himself on his own
SD well it would have been for AH and himself and us when we were round sometimes
DS did he refuse to let people drink when he wasn’t drinking
SD no he wasn’t like “this is my stash"

[we got to yet more texts]
[it is a text from SD to Christy which refers to Kipper and Debbie (the medics)]
[DS points out this text was 7 March 2015 when he says he was at the house in Australia]
DS is this the day before or after you had to take JD to hospital
SD before

DS how would you describe the relationship between AH and JD
SD not great. I think they were two people who were in love with each other who shouldn’t have been together.
DS did you see JD act violently towards AH ever
SD no
DS did you see JD hit AH ever
SD no
DS the suggestion..

… is that JD surrounds himself with people who are yes men. Did you ever stand up to him
SD yes
DS when
SD it was in 2015 and we had gone back to LA after the finger incident and Disney wanted JD to go back to Oz to finish filming and no one else would ask him

SD so I said I’d ask him and I did and he didn’t want to, but he listened respectfully and then he said no, because he wanted to wait for his wife.
DS it was suggested was that you weren’t telling the truth in your evidence.Are you lying under oath?
SD no
DS are you lying to….

… save your job under oath.
SD no
DS no further questions
Judge none from me - SD you are free to go
SD thank you your honour
Judge - good.
[we are going to try to get two more witensses in before end of play. I reckon a late finish]

[Edward White - business manager for Johnny Depp has been sworn in]
[now he is confirming his witness statement is correct and has been signed correctly]

QC [for NGN] your witness statement [WS] says in April 2016 you had a v important meeting with JD. JD’s sister was present it was a formal meeting.
EW - correct
QC - it started at 7.30pm and lasted between 90 mins to 2 hours
EW correct
QC JD was given some catastrophic...

… news about his finances.
EW correct
QC he was told about his parlous financial state
EW he was informed about his true financial position
QC he told us his tax hadn’t been paid for 17 years and he owed IRS millions
EW correct - he had delinquent liabilities at federal

… and state level
QC was JD told certain people supposed to be working for him had defrauded him
EW we believed people had not been working in his best interests
QC but his income remained healthy
EW correct
QC would you agree his income was $60m after tax?

EW I do not recall his income for 2015
QC was is it in the order of that?
EW I don’t know
QC could you find out?
EW I can
QC can you find out his after tax income between Feb 2015 and May 2016
DS what does this have to do with anything

Judge - well the witness said he can I will hear argument after as to whether he should
DS I am grateful my Lord
Judge - there is an issue as to whether you should provide that information - I am grateful for your offer

QC you were JD’s accountant during the time of JD’s divorce were you not?
EW I was
QC and without a pre- or post-nup a spouse gets half of the income during the period of their marriage
EW do you agree it’s the starting point
QC no - every factor is looked at

[oops got the last two EW and QCs the wrong way round]
QC AH got $7m - correct
EW that’s not all of it
QC well what else did she get
EW legal fees and bills paid on her behalf $525,000 legal fees and liabilities of I don’t know what exactly but many millions
QC I will put you...

… to proof on that subject to legal argument
EW fine
QC AH gave this cash to two charities - yes?
EW it is my recollection that she represented that she did do that
QC did you make enquiries to see if she had?
EW I asked if they were. I never got a response
QC did you ask...

… the charities themselves?
EW no
QC and do you remember that JD was going to pay $200K to those charities
EW yes and I made the payment myself
[no further questions]
[no re-examination]

Judge thanks EW for answering the questions and getting up at such an “uncomfortable” hour to do so.
EW says it’s no problem and "it’s my pleasure to meet you in this manner and be responded”
[judge rises whilst next witness is sorted out]

[we’re back next witness Trinity Esparza]
[she’s sworn in and confirming her witness statement is correct]
QC you are the owner of a company called Tri Provide which provides a consierge service and staff for the East Columbia building and others
TE no
QC just the EC building?

TE yes
QC and Whitney and AH lived in the EC building and WH was a regular visitor even after she left the building. And you know what she looks like? Similar to AH?
TE they are differnt people, but they are sisters
QC you had Whitney’s phone number, but not AH's

TE at first no, but then I think we did, but it changed a couple of times
QC but more often than not you’d telephone Whitney if you wanted to get a message to AH
TE I think that’s correct in the beginning in 2015 - the front desk staff would talk to Whitney or Laura...

to get hold of AH. But AH would call us a lot. It was a long time ago.
QC on 27 May 2016 were you contacted by JD’s security team asking for the CCTV footage of the apartment building
TE I don’t know about the exact date, but around that time his attorneys did ask for video...

… footage.
QC yes [and she reads from TE’s own witness statement] she reads from the witness statement and says a pair came to look at our footage. and you saw her on that and saw she had a red mark under her eye
TE I saw a mark she hadn’t had before

QC no you saw a mark you hadn’t noticed before
TE that’s not correct
QC in your statement you say you weren’t working on the Sat 21 May. You did not see AH on Sun 22
TE correct
QC you say you saw her on Mon 23 - she walked directly past you a few feet away
TE yes
QC did you talk

… other than to say hello.
TE we spoke a couple of things - she definitely said hello
QC yes she was polite
TE she was very lovely, yes. She was always kind and respectful to me
QC and on Wed 25 she came down to the lobby to give you a key fob
TE the keys to her penthouse...

QC didn’t see her on the 26 and did on the 27th when you noticed her injury
TE correct
QC did you see where she was going on the 23rd, 24th and 25th
TE now
QC did you know where she was going
TE she looked normal
QC she wanted to look normal. she wore make up
TE no she never wore

… make up
QC she was not wearing make up?
TE she never wore make up - only when she was going somewhere special
QC there are different types of make up yes
TE yeeess
QC some makes you look very made up, some works as concealer

TE she very rarely wore make up - she had a beautiful complexion
QC did you ever have a conversation about her use of make up
TE yes she had such lovely skin I asked her what she used on her skin and she said she used moisturiser, one she had used since she was younger.

QC would you ask her if she was wearing foundation
TE not in that way
QC it would be impertinent
TE I am very polite and I do express nice comments to people - constantly so I would say you look very lovely to someone - not in a weird way…
QC I accept your description...

… but you would not ask if she was wearing foundation
TE I could see her clearly and I could see she didn’t have make up on
QC but foundation can look like it is not being word
TE she had a very dewy glow - I’m a woman, I wear make up, I can tell she was not wearing make up

[we go to a photo that we reporters can’t see]
QC can you see, in this photo, a faint red mark on AH’s cheek
TE in this photo, yes
[we go to another photo]
QC. can you see this mark from a different angel
TE yes
[and another one]
QC this shows a mark and slight mark above her...

… right eyebrow.
TE yes
[she is being shown photos of the marks from different angles]
QC if you go ahead they become more prominent [she sees more photos]
TE yes
QC the bruise is coming up I am going to suggest to you
TE yes
QC it becomes more distinct and by the 27th...

…. the bruise has come out more than it was before.

[whilst TE is being shown photos I can’t see, here is the johnny depp ice-cream alleged asleep/passed out photo] referenced in court ealier.

[we’re on to the CCTV]
QC you looked at the CCTV and you gave it to Mr Depp’s lawyers and that there was something that caught your attention and it was some kind of fake punch gesture which AH made with her friends. And that has miraculously or unfortunately disappeared.

QC I suggest to you there was no fake punch. It was just AH laughing and joking with her friends.
TE no I saw it
QC now this footage is grainy
TE I disagree
QC and you looked at this footage yourself and you looked at more footage than you were asked to and you...

… saw there was a date when Elon Musk entered the building and then a later date in your statement when you say in your witness statement there were a number of marks on AH’s body - where
TE I forget exactly - marks on her neck a band aid on her arm

QC how did you come to make a statement about Elon Musk when you were asked to make a statement about who you saw in May.
TE I was being completely honest
QC did you tell JD’s lawyers about Elon Musk or did they first mention him
Judge intervenes
QC okay - I will put to you...

… that at no stage did she have marks when she was with Elon Musk
TE talks about seeing what she saw when AH told her she was going to get a restraining order
QC But did she have marks on her when she was with Elon Musk
TE I don’t know what they were but I just saw marks

[xe ends]
[DS stands up]
DS you like AH
TE yes - she’s always been very sweet to me
DS you have no reason to dislike her do you
TE absolutely not
DS AH says she saw you only rarely
TE what’s rarely? She lived in the apartment. I saw her often
DS you’ll see in par 11 of your WS

… that although you weren’t on duty on the 22nd you saw a Mr Howard - tell me more about that.
TE he was excited to be delivering wine to her he was very excited, a little star struck He says she was lovely
QC on the days leading up to the 27th did you see any marks on AH at all

TE no
DS had you seen those red marks that you saw in the photo would you have said in your WS that you saw absolutely no marks on her face. You say “I looked her right in the face and I saw no visible injuries whatsoever to Ms Heard’s face”
TE correct
DS so this photo on 23 May

… make up or no make up - if you saw her looking like that - would you say she had visible injuries.
TE in that photo, yes
DS but you said you saw her on that day and she had no visible injuries
TE correct
DS and same on 24th and 25th and you say on both days, no visible...

… injuries
TE correct
DS and you said to her on the 25th that her skin looked flawless
TE yes
DS if she looked like the photo taken on the 25th, would you say to her that her skin looked flawless.
TE no
[no further questions]
Judge thanks TE for her evidence and tells here she

… is free to go.
Judge starts dressing down DS and QC. I have sat late this evening but I do want you to understand that I will be willing to do so again. I causes inconvenience for court staff and I dont’ want you to think I am seeting a precedent.

[In the morning tomorrow we have have evidence from Malcolm Connolly in London and Tara Roberts in the Bahamas. In the afternoon we’ve got Samantha McMillan and Hilda Vargas both via videolink from LA. Vargas needs a translator, so that will be fun given the problems...

… the court is having hearing people in LA speak in English.]
[Right we’re being kicked out so I will resume shortly with the mop up]

The scene outside. Snappers on the left being watched by police on the right. Lawyers chatting in the middle.

And here is a photo referred to in court during Johnny Depp’s re-examination. L-R Johnny Depp, Amber Heard, Keith Richards and Whitney Heard.

I’ll shout when I’ve got Edward White and Trinity Esparza’s witness statements up on the website.

I’m cream crackered today. Thanks for all the kind words, they’ve really kept me going. I’m not sure about going back tomorrow. It doesn’t look that thrilling.

Oh… oh. I’ve just realised who Hilda Vargas is - the cleaner. Thank you - sorry - my brain is mince after 6 hours of live tweeting. Poopgate. Indeed. Do you want to hear about that? Do I? Does anyone?

Anyway Edward White and Trinity Esparza’s witness statements are up on my website. Click here and scroll down to the bottom of the page:

nickwallis.com/depp-trial

I’ll try and work out a way of make the page a bit more user friendly later. I made it in a rush as I wanted to...

… get the transcripts up. Now I realise the more pdfs I add, the more of a mess it becomes. Also I really don’t like the red pdf buttons. One day I will learn the ways of the Dark Arts of the internet. But not this week.

Okay apologies for anyone who tried to get the witness statements earlier. I think I’ve got them to work now. Click here and scroll to the bottom of the page

nickwallis.com/depp-trial

Transcript of Depp v NGN libel trial up online:

nickwallis.com/depp-trial

Look for Day 5 transcript Depp v NGN 13 July 2020.

Your funding has made this happen. These documents are available because of you. Thank you.

That’s me for now.