… her in the back saying “are you moving away from me”
JD: not true
QC: and you later went to the toilet or bathroom if you prefer where you passed out
JD: After the screaming I went to the toilet, got a pillow and went to sleep on the bathroom floor. I’ve done it before.

QC you’ve certainly passed out in bathrooms before. Has your assistant had to break into locked rooms after you have passed out.
JD: I have gone to sleep in bathrooms before.

[we move to a new file]
[texts between AH and her then assistant “I have to leave JD he’s just freaked out on me - he’s drinking again” asks assistant to book her on the red-eye out. “i need to make this move”]
QC was there anything you did that could cause Ms Heard to say...

… “I need out”
JD there were arguments
[QC reads from JD’s witness statement about the Boston flight. It paints a different picture. Mr Depp’s statements are https://www.scribd.com/document/468417987/Johnny-Depp-Second-Witness-Statement and https://www.scribd.com/document/468417991/Johnny-Depp-Third-Witness-Statement ]

QC do you accept that when accounts differ so completely - you’d had a sip of wine and were sketching in an art book - do you agree that when we get such different accounts it is helpful to look for independent evidence?
Judge - that’s not for JD to answer - it’s up to you...

… to make a submission to that effect.
JD’s barrister gets up and complains that Ms Wass QC is trying to get JD to agree to submissions she’s going to make in her closing speech.
Judge says he agrees to an extent, but if Ms Wass wishes him to comment on a conflicting statement.

She is entitled to.
JD barrister: but this is a vehicle to get him to say that conflicting texts can be useful and then she’s going to try to use it in evidence.
Judge I agree to some extent, but I don’t agree a substantial part of what Ms Wass is saying is on the wrong side.

[Ms Wass QC - Sun/NGN barrister - “QC"
“Judge" - Mr Justice Nicol - sole presiding judge - there is no jury
David Sherborne - JD’s barrister - “DS”]

[Wass goes back to the third party alleged corroboration that DS was exercised about - she reads a text saying that JD needs to be taken off the flight as he is sick]
[We are about to hear an audio recording]

[the accompanying transcript is being searched for. we have lost the visual link as the audio file is loaded up. Oh no. we’re back. Johnny Depp is sipping water. Looks like an Evian bottle this distance if that’s of interest. He has three water bottles near him]

[he was looking a bit bored. Now his head is down with his glasses off and he’s drumming his ringed fingers on the desk in front of him]
[transcript still has not come to light]

[going to listen to it without the transcript. it is very short and I suspect it might be unclear as apparently there are contested transcripts]
[DS suggests a break. Judge refuses. We’re going to ply on without one. DS objects. Judge agrees to listen to recording without ts]

[Here we go. It is a recording of someone moaning in pain. Going “aaaaaaaaah aaaaaah aaaaaaaooooooaaaaah”]

QC: Mr Depp that is you on a plane.
Judge: well - do you agree that’s you?
JD: I find it difficult…
Judge: no that’s fine
QC: do you remember anyone else on that plane making those noises
JD: no
QC: it’s not a woman’s voice is it
JD: it sounds like it could be pretty

… much anyone’s voice. I’ve never heard or heard of that recording before. It sounds like an animal in pain.
QC yes I am going to suggest you were that animal and it was due to the overconsumption of drugs and alcohol on that flight
JD: I cannot identify that sound as me...

… so I cannot agree it is me.
QC does this make sense of the text saying you need looking after in the car after the flight and you are in some pain.
JD: I dont’ know the two are connected at all. I dont’ know the origin of the tape. I don’t know about the metadata...

QC were you sick when you arrived from Boston in LA or were you sick on the plane?
JD: I must have been quite ill if that’s what the texts are saying
QC: yet in your witness statement you say you remember the flight in detail - you don’t mention being sick
JD: there’s...

… nothing to say I was being sick on the plane. There’s nothing relating to that… mating call I heard on the tape.
QC your account was that AH was the aggressor and you went into the bathroom to get away from her.
[we go to a text JD sent after the flight]

QC do you see the text from you to AH sent about three hours after the text from your assistant to Ms Heard. This was at 10.42 - you say

“Once again I find myself in a place of shame and regret. I really don’t know why...

… and what happened I want to get better for you and for me I must. My illness somehow crepty up and grabbed me. I can’t live like this again and I know you can’t either… I love you again I love you I’m so so sorry. I feel so bad for letting you down. Yours.”

QC why would you need to apologise?

JD: the very simple answer to that could be one of a couple of things after she was unresponsive to me trying to make things better on the plan because she was upset….

… Unfortunately because in some way Ms Heard would not let go, you had to condition yourself to use words that would not set her off and placate her… also I could be apologising for something I said”

QC: why did you say you were in a place of shame and regret

Because sometimes you have to say something like that to take the poison out of her quill
QC: but you had nothing to be ashamed of, if your account is true.

QC why did you say the illness crept up and grabbed you?
[JD now speculates he may have been drinking on the flight]

[we now go to a discussion where there are texts between JD’s sister and AH in which AH complains that he keeps getting into this state]
QC: what is she talkin about “getting into this state”
JD: I believe it’s about our approach to one another.
[another text from his assistant]

[in which Mr Dutouss (?) assures Ms Heard that they have taken JD through what happened on the flight as he doesn’t remember everything and he is not going to be like it again]
QC: what’s this about?
JD; it was a plan. I am ashamed to say that I asked Mr D to tell her...

… whatever she wants to hear. Placate her. It was a way of trying to deal with AH without her going into a kind of high energy screaming match.
QC: why does mr d say he doesn’t remember what happened he’s very sorry, very sorry for what happened and it won’t happen again

QC why would that placate her?
JD: because it would make it look like she was correct and AH likes to be correct.
QC Why did Mr D text

"He’s teary he doesn’t want to be a fuck up...

…. any more he’s gone back to sleep, we’re going to set him up with Dr Kipper he won’t be skipping it this time.”
[they agree this is about JD missing Dr K appts.]
[More texts between Mr D and AH who is determined to leave on the red-eye. Mr D appears to start...

… mediating between the two saying JD won’t fuck up again.]
QC still placating?
JD: yes
QC: “I don’t know how I am going to be around him after what he did to me yesterday.” What’s she talking about?
JD: the experience on the plane
[AH isn’t sure. Says she needs time.]

[And won’t get a flight so she’s going to get a car. Mr D now says that JD doesn’t deserve this and he’s very contrite and doesn’t remember. Mr D says if he knew the full extent of what happened then JD the man would be appalled.
Mr D’s text then explicitly states JD kicked AH]

QC still placating?
JD: yes
QC: why?
JD: because I told Mr Doutiss to placate her to get round the situation
QC: and you said to tell her that I kicked her and I cried
JD: I didn’t write any dialogue for him. I left him to follow my instructions.