MR JUSTICE NICOL Depp v NGN and Wootton
person), Tara Roberts (the Claimant’s estate manager for his property in the Bahamas),
(via video-link from the Bahamas), Samantha McMillen (stylist for the Claimant and
Ms Heard) (via video-link from Los Angeles), Hilda Vargas (housekeeper for the
Claimant) (via video-link from Los Angeles and through a translator), Ben King (a
Freelance house manager who worked periodically for the Claimant) (in person), Kevin
Murphy (formerly the Claimant’s estate or house manager) (via video-link from
Chicago), Kate James (formerly Ms Heard’s assistant) (via video-link from Los
Angeles), Sean Bett (one of the Claimant’s security guards) (in person), Starling
Jenkins III (one of the Claimant’s security guards) (via video-link from Los Angeles),
Isaac Barruch (a longstanding friend of the Claimant) (via video-link from Los
Angeles), Alejandro Romero (formerly part of the concierge team at the Eastern
Columbia Building) (via video link from Los Angeles), Travis McGivern (one of the
Claimant’s security guards) (via video-link from Los Angeles), Laura Divinere (an
interior designer and friend of Ms Heard’s) (via video-link from Los Angeles),
Katherine Kendall (an actor and activist) (via video link from Los Angeles).
88. In addition, the Claimant had served hearsay notices so as to rely on the following:
depositions by Officer Saenz and her colleague Tyler Hadden which had been given in
the course of the divorce proceedings and the proceedings for a restraining order in
California between the Claimant and Ms Heard (I have already noted that officer Saenz
gave oral evidence); and a draft declaration which had been prepared by Jerry Judge in
the divorce proceedings (Mr Judge has since died). Hearsay notices had also been
served in respect of the declaration of Ms Divinere in the Virginia libel proceedings and
on which she had been cross-examined in the course of her evidence. Cornelius Harrell
was a colleague of Ms Esparza’s. He was due to give evidence, but he was ill and so
the Claimant served hearsay notices in respect of his deposition on 28
th
July 2016 in the
California divorce proceedings, his deposition on 31
st
January 2019 in the Virginia libel
proceedings and his witness statement in these proceedings dated 12
th
December 2019.
89. The Claimant had served witness statements from various other people whom he did
not call to give evidence. They included his former partner, Vanessa Paradis, and an
earlier girlfriend, Winona Ryder. Ms Wass indicated that, had they been called, she
would have wished to cross examine them as to their statements, but that was
immaterial. Since the Claimant had not called them, he was unable to rely on the
evidence they might have given (see CPR r.32.5(1)). The Claimant having chosen not
to call these witnesses, it would have been open to the Defendants to put in their witness
statements as hearsay evidence (see r.32.5(5)) but that was not something which the
Defendants wished to do.
90. A separate issue arose in consequence of the Claimant’s decision not to call these
witnesses. PA Media (formerly the Press Association) applied for copies of the witness
statements of Ms Paradis and Ms Ryder. By r.32.13(1),
‘A witness statement which stands as the evidence in chief is open to inspection
during the course of the trial unless the court orders otherwise.’
91. However, that rule was not engaged. Since the witnesses had not been called, their
witness statement did not stand as their evidence in chief. However, Sam Tobin, on
behalf of PA Media, submitted that the statements had been referred in open court. On
that basis, it was argued, they should be open to inspection. Neither Mr Sherborne nor
Ms Wass opposed the application and neither of them asked me to distinguish between