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Johnny Depp and Amber Heard are both losers in their bitter courtroom battle – here’s why

Johnny Depp and Amber Heard - Kevin Dietsch/Drew Angerer/Getty Images
Johnny Depp and Amber Heard - Kevin Dietsch/Drew Angerer/Getty Images

As the blockbuster six-week defamation trial between Johnny Depp and Amber Heard drew to a close, the courtroom in Fairfax, Virginia burst into spontaneous applause to congratulate the stenographer who transcribed every detail.

The drink, the drugs, the severed finger, the faeces in the bed, Kate Moss, the witness who gave his testimony while vaping in a car, the bodyguard who gave a homeless man $420 (£333) to get Mr Depp’s phone back after Ms Heard threw it out a window during a fight. It was all there.

A jury of seven must now decide if Ms Heard defamed Mr Depp after she wrote in an op-ed for The Washington Post that she was “a public figure representing domestic abuse”.

The article never mentioned Mr Depp, 58, by name, but he sued her for $50 million (£40 million). His lawyer told jurors it was clear that Ms Heard was referring to him and that he denies the claims.

Ms Heard, 36, countersued for $100 million (£79 million), saying Mr Depp smeared her when his lawyer called her accusations a “hoax”.

For 24 days, the former couple have engaged in a dramatic, destructive trial which has played out live on television, and had its highlights clipped and shared all over social media.

One Twitter user asked, in reference to the Coleen Rooney v. Rebekah Vardy celebrity defamation trial at the High Court in London:

But under the surface of the spectacle were some incredibly serious allegations and troubling evidence from which the pair may never personally and professionally recover.

The court was visibly shocked by texts Mr Depp sent to Paul Bettany, the British actor, in which he spoke about murdering his former wife.

“Let’s drown her before we burn her!!! I will f--- her burnt corpse afterwards to make sure she’s dead,” Mr Depp wrote. He told the court that they were made in reference to a Monty Python sketch about burning witches. Ms Heard grimaced.

There were two versions of most stories. The worst of the violence allegedly came in March 2015 in Australia, where Mr Depp was filming the fifth Pirates of the Caribbean film, Salazar’s Revenge.

It was in Australia that Mr Depp lost the tip of his finger, but their accounts of how that happened differed.

Ms Heard said that they started fighting over Mr Depp’s alleged MDMA drug use and that she snatched a bottle of alcohol from him and smashed it on the floor.

He reacted by throwing wine glasses and bottles at her, grabbing her by the neck, punching her in the face and threatening to “carve it up” with a broken bottle.

At one point, he said he wanted to kill her, she testified.

Afterwards, she claimed he sexually assaulted her by penetrating her with a bottle of alcohol, causing her to bleed. He then punched a telephone affixed to the wall and severed his finger, she said.

Mr Depp’s recollection of the encounter was somewhat different. He said that the argument started because she became “irate” during a discussion about a post-nuptial agreement.

He said that she was slinging insults at him, so he went to the bar to pour himself a shot. Ms Heard, he said, grabbed a bottle and threw it at him, but it struck the wall behind. She then threw a second bottle which shattered on impact and severed his finger, he claimed.

The High Court in London has already found that Mr Depp assaulted Ms Heard on a dozen occasions, but this trial on American soil is being seen in some quarters as a watershed moment for the MeToo movement in the US.

Camille Vasquez - Steve Helber/Pool/EPA-EFE/Shutterstock
Camille Vasquez - Steve Helber/Pool/EPA-EFE/Shutterstock

Mr Depp’s lawyers say that she is not part of it.

Camille Vasquez, who has become a breakout star of the trial in her own right after a meticulous cross-examination of Ms Heard, attacked the slew of claims as “an act of profound cruelty to true survivors of domestic abuse”.

The public is not on Ms Heard’s side, either, with many people lapping up claims that she used make-up to fake bruises, doctored photographs to manufacture her injuries and collaborated with tabloid media to expose her ex-husband as a “wife-beater” during their divorce proceedings.

“Believe all women… except Amber Heard,” joked Chris Rock, the comedian.

Battle scars will run deep

Benjamin Rottenborn, Ms Heard’s lawyer, retorted: “If you didn’t take pictures, it didn’t happen. If you did take pictures, they’re fake. If you didn’t tell your friends, they’re lying. If you did tell your friends, they’re part of the hoax.

“If you didn’t seek medical treatment, you weren’t injured. If you did seek medical treatment, you’re crazy. If you do everything that you can to help your spouse, the person you love, rid himself of the crushing drug and alcohol abuse that spins him into a rage-filled monster, you’re a nag.”

Mr Rottenborn added: “A ruling against Amber here sends a message that no matter what you do, as an abuse victim, you always have to do more. No matter what you document, you always have to document more. No matter whom you tell, you always have to tell more people.”

For that reason, the battle scars will run deep after this trial and its significance will stretch further than which multi-millionaire has to pay up.