Hello and welcomento day 4 of Johnny Depp's libel action against The Sun newspaper (or Depp v NGN and Wootton to be precise. The Royal Courts of Justice look amazing but it's a very tricky building to photograph as it's so huge.

We have the usual snappers here. Not camera-ready as I'm half an hour early today.

I'm early because I'm still trying to work out how to get daily transcripts. At the beginning of the trial the judge said they would be available. Actually getting them put in my hands or even finding out how much they might cost is another matter.

I don’t want to add any jeopardy to the proceedings but I am currently outside the main court, court 13, having made an various representations to the parties re transcripts. That means I haven’t established a place in court 38 to tweet from.

I’ve asked an usher if they would be so kind as to save me one. And she said she’d try. However the longer I stay here, the less chance I’ve got of getting in and tweeting what’s going on.

But I need to stay here in case the judge wants me to make any oral representations to back up my written note. But I’m not allowed in court 13 because it’s reserved for the lawyers.

So I might be live tweeting from a corridor at this rate.

Or I might be told I’m not required and the nice usher has reserved a place for me in the reporters’ court. Which of course is on the other side of this massive building.

I’m sure we’ll be okay, but I might miss the first five or ten minutes.

Tense, huh?

Johnny Depp has just walked past holding a coffee cup and smiling. He’s got a little pocket kerchief in his breast pocket this morning and looks very dapper. He handed his coffee cup to his security, bowed at the usher who held the door open for him and walked inside.

The show is about to begin and I am still sitting in a corridor wondering if I will be needed. I suspect I won’t as they are already behind with the evidence, so I am preparing to high-tail it over to court 38.

Back in court 38!

Live-tweets to follow...

Sasha Wass QC for NGN (QC) is cross examining Johnny Depp (JD)

[we are talking about Amber Heard (AH) turning 30 on 22 April 2016]
QC a big day for her a bit day for you too as you had a meeting with a new business management company - it started at 0730?
JD yes something like

[oh hang on - first mistake - could be 7.30pm]
QC and you were given bad news in that meeting about your financial affairs
JD yes ma’am
QC and after that meeting did ou take any drugs
JD v likely marijuana to calm myself

QC so when you arrived at 10.15pm at AH’s birthfday party were you under the influence of cannabis?
JD maybe it [mumbles]
Judge - sorry could you say that again your voice has been strong and loud but it dipped then
JD: Sorry - it’s starting to die [he chuckles]
Judge - would..

.. . you like some water?
JD no I”m good thank you
QC so when you arrived what was your state of mind
JD i was in a low state given what I’d been through
QC there was wine and you drank some wine and the were magnums of wine, weren’t there?
JD yes

QC most people stick to 75cl but you had magnums
JD: well when you have a group of 12 or more magnums make more sense
QC of. Course. and after the party you were reading in bed - then what
JD AH was very upset I was so late for dinner and everyone was talking about my

… bad behaviour and then she started ramping up
QC and you were just reading throughout this
JD I was trying to avoid any confrontation
QC and you were just reading, were you, on her 30th birthday party as she was talking to you about turning up to her event 2 hours late

JD I sent texts telling her I would be late
QC yes we know and also you might have had a very good reason to but I am challenging your reading of a book whilst she was expressing her sadness and upset that you were late for her 30t birthfday party. Why? What were you reading?

JD I don’t recall what book or whether it was a book or whether it was one of my journals, I thought it was the best way of avoiding the conversation or the fight
QC did you tell her why you were late?
JD yes several times in the texts
QC not the texts - why didn’t you...

… just say to her - sorry I was late - this was the reason
JD I’,m sure I did at first. But anything I said was not getting us anywhere, but as I said, she was ramping up and she’d drunk quite a bit of wine, as had everyone
QC including you
JD yes
QC okay this is the alternative

QC she was upset you were late for her birthday and you took it as criticism
JD; It was criticism
QC and you don’t like being criticised
JD I don’t mind being criticised, but this was beyond that. She was lighting me up
QC you were criticised and you were angry and you...

… got out of bed to argue at her. And the argument escalated and you picked up a magnum bottle of champagne and you threw it at her and it smashed.
JD: no ma’am
QC after the bottle smashed you pushed her onto the bed

JD no ma’am
QC she tried to leave and you grabbed her by the hair and pushed her to the ground
JD: no ma’am
QC then she ran off, you chased her around and you chest bumped her
JD: no ma’am
QC so you called security

QC to tell them to take you away and before you left you wrote a note saying “happy fucking birthday”
JD: it’s possible
QC and the two dogs were in the flat, Boo and Pistol - and Boo has toilet troubles doesn’t he
JD: no
QC he has toilet accidents all over the flat, including

one on you?
JD reckons Boo’s toilet problems aren’t that bad but accepts he has accidents
QC you didn;’t sleep in the your and AH’s bed, but AH did and the next day and it came to your attention that the cleaner Ms Vargas found faeces in the bed. She was not happy about this...

… and sent a photograph of it and messages to Kevin your security.
At first you thought this was hilarious.
JD: yes
QC and there were jokes like Amber Turd Amber in the Dumps going round.
JD it was so absurd so initially I did laugh it was so strange

QC and later you tried to suggest it was one of AH’s friends
JD: I was convinced it was either AH herself or one of her cohorts for defecating in the bed
QC well you said it was iO
JD well only iO was crass enough to have done something like that.

[just noticed JD isn’t wearing his glasses today - he’s only taken them off v briefly when not looking at documents over the last three days. Dark suit, white shirt, pocket kerchief, dark tie btw today. We’ve moved on from the poop incident, we’re on to the state of...

… their relationship after when they were estranged and who was able to contact whom. Glasses are back on as JD is being asked to look at a file]

QC It is a text sent on 4 May to Christian Carino - who is this?
JD AH’s commercial agent at CAA
QC and he wanted to be yours to
JD poss
QC and at this stage he was courting your favour?
JD courting my favour? An agent in Hollywood? Sure.

QC and in this text you say to her that if she needs you she knows where to find you - in a way that suggests you were upset that she hadn’t contacted you?
JD: I was upset because everything that we hoped for and tried desperately to make work was dead
QC yes but...

… remember I suggested your statement appeared to suggest that she was pestering you for contact. That is not the case and in fact the evidence is that she had not contacted you.
JD: based on one line here… that was about a question in terms of Ms Heard’s attitude

[we go to another text]

[slowly…]

QC theses are texts between you and AH and you say “call me when you get this, goodnight”
then she says “sorry I missed you - shooting - are you still in Europe” you say “London” and you’re in a meeting and say you’ll be out in half an hour...

… “good for you” and in a long text you end by saying “all my love and congrats, I wish you nothing but good, Johnny”
a text from you to her
JD: yes ma’am
QC so you were talking in a civilised way nothing to suggest she was pestering you

JD I never said she was pestering you
QC yes it was my own word but you could get the impression of this from your statement
JD what I wrote then is how I felt
QC sadly your mother lapsed into a coma on or around the 17 May and you flew to see her - your mother was called...

… Betty Sue… and you sent a text warning AH that it looked like the end and thanking her for for the kind words. And AH had been very kind to your mother, hadn’t she
JD: yes ma’am
QC and sadly your mother passed away. did you deal with the stress and pain of losing your...

… mother in the usual way?
JD: no ma’am - there was a lot going on - business, relationship with Amber
QC: yes I suggest you hit the controlled drugs and you hit the alcohol
JD: no I could not as there was too much going on. I did not inebriate myself to the point of numbness.

… I had too much to deal with and I had to be on the ball. Pardon my expression.

[we move to another moment when Johnny goes to AH’s apartment to collect some “sensitive” things. JD confirms he asked security to wait outside the door rather than in their usual security shack and to come in if they heard any screaming]
QC in your statement you say...

… when you arrived was the first conversation re the poop incident?
JD: no ma’am
QC when did it come up?
JD I wasn’t there for very long. 30 mins
QC so in that 30 min you thought it was appropriate to bring it up
JD she brought it up and I said let’s call Kevin and ask him...

… so she called him and he confirmed he thought it was a harmless prank.
QC you used this conversatoin to provoke her - you went there to cause trouble
JD: no I didn’t
QC you were there for 30 minutes and spent most of the time having a conversation about who had...

… defecated in the bed.
JD: Ms Heard was very keen to clear it up and say it was the dogs, which is physically impossible, which is why I suggested calling Mr Murphy. In terms of what I was going through, this was not something I thought was important which is why I got..

… Kevin on the phone.
QC you arrived under the influence of drugs and drink. you were angry and you brought it up.
JD a human being had defecated on the bed, and that was in question
QC you broiught the subject up
JD: no ma’am
QC you were there 90 mins, you were ranting

… and raving
JD: i was there a short period of time
QC are you sure?
JD: yes
QC at 8.06pm AH asks Roxy to come over to the flat immediately can you think of why?
JD: I can
QC all part of the hoax?
JD: yes

QC: AH also called iO T-W and put him on speakerphone and repeated the suggestions that he had defecated on the bed
JD: yes and no - she said he thinks you did it
QC okay. and Mr T-W was laughing at your suggestion and laughing at you
JD: i heard laughing
QC: at you

QC you took the phone. you said “you’ve got what you want. you can have her, it’s over.”
JD yes
QC so you were angry
JD peeved… yes angry
QC: and you were screaming abuse at Mr T-W
JD: I had very little conversation with Mr T-W
QC and then you threw the phone onto the sofa

JD: yes
QC: AH retrieved the phone and Mr T-W still on speakerphone told her to get out of the flat.
JD: I don’t recall.
QC you grabbed the phone from AH for a second time
JD: no ma’am
QC and you threw it not it at the sofa and you threw it like a baseball at AH’s face and...

… it made contact with her face.
JD no ma’am
QC and then you demanded she show you were it hit her face
JD: no ma’am
QC: and T-W who was still on the call told her to call 911
JD: yes he did
QC: and he sent texts saying call 911
JD: I don’t know about these

QC these texts say “JD attacking amber - I’m going to call 911”. These are all part of the hoax?
JD: yes all part of the hoax
QC Roxy arrived and tried to get inbetween you and AH?
JD: no
QC: and you pushed Roxy out of the way and AH collapsed on the sofa and then was being...

… comforted by RP.
JD says no to pushing, no to AH collapsing and yes to AH being comforted by RP
QC and then you started swinging a bottle of champagne and when security came in she said “if she hits me one more time I’m calling the police”
JD she was screaming “stop...

… hitting me Johnny, stop hitting me Johnny” and I was 20 feet away from her, and then when she saw security had come in the room she changed it to the past tense and my security said “come on boss, let’s go”
QC that last part is agreed. and you left your apartment

[we go to photos of AH. we see one with a red mark on her cheek]
QC you caused that
JD: I’m sorry, no ma’am
QC she has a mark on her cheek
JD: yes
QC the date is 21 May. can you explain the reddening on AH’s cheek?
JD: no I cannot

QC and when she went to apply for a restraining order against you the mark had come up - it had swollen
JD she had a different mark, yes
[we go through photos which QC says shows the mark becoming more pronounced]
JD I can’t see it becoming more pronounced
QC but you see a mark

JD yes ma’am
[we are going through a series of photographs all taken on 27 May all showing a red mark on her cheek]
QC you accept there is a red mark on her cheek
JD: yes ma’am
QC you caused that when you threw the phone at her
JD: no ma’am that’s not true.

QC After the incident you left the apartments with you security you went to another of your apartments in the same block
[and then we see some cctv footage of johnny pacing up and down in a lift]
QC you were angry
JD: yes I was upset - I was angry and upset
QC and then you...

… [after he realised he’d left his phone in the apartment and had to send security back to get it]… sent a text to AH which is very angry an declaring it is all completely over.
JD: yes
[I’ll try to get the text of that text]
[we are now seeing another text sent two days later]

[to AH in which JD apologises for his behaviour]
QC why do that. you didnt need to
JD it was a sincere apology
QC it was a sincere apology for hitting her in the face with your phone
JD no it was an apology for not being able to make it work
QC by 4 June you were feelling..

… quite bitter towards Ms Heard, weren’t you?
JD yes
QC text “I want her replaced on that WB film” a message about the film Aquaman - and there was going to be a film about the next Aquaman film which was going to have her in it.
JD: I was aware of that film
QC and there was a

… petition which got 400,000 signatures trying to get her off the film.
JD that was many years later
QC Which you orchestrated. No
JD At the time I sent that text I did find myself without a voice. I had gone, if you’ll pardon the expression from Cinderella to Quasimodo...

… I had lost my voice. She had made she the news media news what was going on
[QC then reads another text out which he sent to Christian Carino at CAA. JD calls her a "pointless dangling flappy fishmarket” among other epithets. I’ll get the full text asap.

Here is one of the photos we have been sent which was apparently shown to Mr Depp re the phone incident

Here the text JD sent to CC:

"She's begging for total global humiliation... She's gonna get it. I'm gonna need your texts about
San Francisco, brother... I'm even sorry to ask...

… But, she sucked Mollusk's crooked dick and he
gave her some shitty lawyers... I have no mercy, no fear and not an ounce of emotion, or what I
once thought was love for this gold digging...

…. , low level, dime a dozen, mushy, pointless dangling
overused flappy fish market... I'm so fucking happy she wants to go to fight this out!!! She will hit
the wall hard!!!...

… And I cannot wait to have this waste of a cum guzzler out of my life!!! I met a
fucking sublime little Russian here... Which made me realize the time I blew on that 50 cent
stripper... I wouldn't touch her with a goddam glove. ...

… I can only hope that karma kicks in and
takes the gift of breath from her...
Sorry, man... But, NOW, I will stop at nothing !!! Let's see if mollusk has a pair...

… Come see me
face to face.... I'll show him things he's never seen before... Like, the other side of his dick when
I slice it off…

ENDS

[QC has asked for 5 minutes in private hearing. It is more evidence being put to JD, but by NGN's request on AH’s behalf it is being heard in private. This was agreed by the parties and the judge in advance of the trial starting. I suspect it will be longer than 5 minutes…]

After that we’ll get Mr Depp’s re-examination by David Sherborne who is Mr Depp's barrister. I’ll call him DS.

This should last an hour and then that will be JD. Still no word on who among the 5 listed witnesses today as to who will be giving evidence this afternoon.

JD’s private xe has not started yet as the link it still up to our courtroom and they are keen to get it down before this starts.

Technicals. I think it;ll be another late finish today.

This is the text after the alleged phone throwing incident from JD to AH:

"That was it. The last encounter forever. You were already ready to strike!!! Why did I even come
there in the 1st place??

… To be yelled at by you!!! I'm an idiot. ph5 [ph5 is one of JD’s apartments in a block in LA - they are named PH 3, 5 7 etc] is Rocky's studio?? You are shameless... I tried to make it work and you just turned more and more into a spoiled brat. All
you wanted was to make me...

… fucking miserable. Well, I'm finally there. I'll never be able to
understand how I fell in love with you... You're not her. I loved you more than anything... I did
everything that I could. But, you never fuckin' loved me... I was merely convenient for you...

… I
hope our divorce goes as quickly as possible and that it is as painless as possible. So sorry you
were as unhappy with me, as you were..., obviously, the purity of whatever was, has been gone
for a long time...

… I will miss the moments of beauty and truth... goodbye, Amber... What the fuck
was I thinking??
I wish you all you merit...
The Former Him”

ENDS

[we’re having a break before re-examination

JD - Johnny Depp
DS - David Sherborne - his barrister

This scheduled for an hour tops.]

So just to fill you in on what happened this morning didn’t get asked into court, but I did get to make some representations re transcripts which I hope will be resolved at some stage today. Everyone was very polite and helpful and the judge is now aware. I’ll get...

… an email if he wants me in court, but hopefully that won’t need to happen.

Still no word on which of today's five scheduled witnesses will be giving evidence this afternoon. The five are:

Sean Bett (London)
Kevin Murphy (video link - Chicago)
Travis McGivern (video link) Officer Tyler Hadden (video link) Officer Melissa Saenz (video link)

[we’re back in session]

The court is discussing my application for transcripts and the parties are agreed they will be supplied and the judge has said therfore they will be supplied when made available.

And I’ve just had his clerk email to confirm that. Nearly there.

There is now some legal argument about showing JD a video clip which hasn’t yet been disclosed to NGN. DS wants it to happen. NGN doesn’t. Judge rules it can be.

DS is badly off mic and very difficult to hear over the video feed.

DS is going to ask JD some questions.

DS you xe started with the idea the people you employed were yes-men/women. Is that true?
JD: no it’s not an accurated description of the people around me
DS if you were being violent to a woman would you express your team to turn a blind..

… eye or let you get away with it?
JD Never
DS Ms W. brought up some press clippings and reports to suggest you were a violent man. The first was in 1989 where you were arrested for assaulting a security guard. Where there any charges?
JD he took me to court, we went to trial

… and then the guard arrived wearing a neck brace and the case was essentially thrown out.
DS and you remember when you’d allegedly “trashed” a hotel room and you were shown an article which suggested there was $10K damage done and it was suggested you deliberately...

…. underplayed the damage done, given the bill
JD: I do
DS: let’s have a look at another press report about this hotel room incident and you’ll see here do you see the final para?
JD: yes
DS: Depp’s lawyer said the damage to the hotel room only amounted to $2000

… but the remainder was to make up for leaving the hotel before the booking was up. Does this help you remember the actual damage done
JD: I was pretty sure the damages was far less than suggested
DS: did you ttry to avoid paying?
JD: no sir - I told security I would pay

DS: so you volunteered to cover any damages. And the reason for the damage was that a friend had screwed you over and you were with Ms Moss at the time Kate Moss. And where was Ms Moss at the time of the incident?
JD: asleep in bed

DS in a documentary you are asked by Elizabeth Vargas if you were a bad boy and then you said no I’m not not really, I don’t think so -ask my mother and then the doc talks about you trashing a hotel room after an argument with Kate Moss and she asks you what that was about. Where

[sorry DS is confusing both me and JD]
DS Were you going along with the suggestion that you trashed the hotel room after an argument with Kate Moss?
JD: I was going along with her, I was going along with the truth. Kate Moss was not involved it had nothing to do with Kate Moss.

[we see the interview clip - it is edited in with VO as per the transcript]
DS how long did you go out for Kate Moss for
JD 3.5 years
DS did you ever in that time hit Kate Moss?
JD: no I didn't

[we now move on to the piece of wood distraction plan against paparazzi]
DS it was put to you they were just doing their job of taking a photo of you in a public place
JD yes they wanted the novelty of a photograph of me and my pregnant girlfriend and the baby bump

DS you described the loading bay in which 15 or so photographers were trying to get into you the loading bay - were they on public or private property? Yes or No
JD describes the property
DS has another go
JD describes the space
DS how were they behaving?
JD they were ...

aggressive and snotty - screaming obscenities in trying to get a photo of me… they were ravenous and also quite upset I’d ruined their oppo for the photo as I was at the loading bay and I had distracted them and Ms Paradis and the godparents were safely in the car.

[we now go to 2018]
DS so we fast forward 20 years to 2018 where you allegedly punched someone. you said you had not in any way physically touched Mr Brooks on the set of the film City of Lies and because of this man’s behaviour towards a lady, an African American...

… woman. I wasn’y sure if she was an extra or a homeless person.
DS what did he say
JD he was hurling around what he thought was his power as location manager in an incredibly disrespectful way
DS what did you say to him
JD: in essence I said what gives you the right to be ...

… so disrespectful to this woman in this way. But never did I touch him.
DS Could I ask you to look at a file?
[we go to the bundle]

[there is some discussion about being at the right place in the bundle, the photo and the text that should or shouldn’t be accompanying it]

DS who is in that photograph of you and Mr Brooks who brought a claim against you for assault. Was this photo taken before or after the incident after which you allegedly assaulted you.
JD after, at the end of the night when I was wrapped I asked my assistants to grab...

… a bottle of wine and I grabbed two plastic cups and I didn’t want there to be any more bad blood and we toasted each other with the wine and he asked if he could have a selfied with me
DS so he asked you
JD yes
DS Ms Wass says you’re the sort of person who becomes very...

… angry. Is that true?
JD no it’s just her suggestion
Have you ever hit a woman?
No sir, never. Sorry.
Judge - you said no
JD I said no
DS has any woman ever accused you of hitting them in your 57 years?
JD no sir

[we go to a new file. Johnny gets it out of the bundle]
DS is that box file about to collapse?
JD: not sure. no it’s okay
DS: I’ll let you know if it looks like it is
JD: if it starts to teeter
[back on track]
[we are discussing a nurse taking a medication history from AH]

DS and you’ll see in the in the third para - this is in 2014 - “her history of substance abuse… including an addiction to cocaine and liquor” - you’ll recall Ms W saying to you that she said you were lying when you said AH took cocaine and that AH hadn’t taken cocaine since...

… she was a teenager.
JD: yes sir
DS lists eating disorder, bipolar disorder, insomnia and prone to “several outbursts of anger and rage” “both her and and her fiancé reporting verbal disagreements… nervous about feeling alone whilst husband was working… feelings of...