1 00:00:00,440 --> 00:00:03,320 Speaker 1: Jersey and Amanda jam Nation. 2 00:00:03,760 --> 00:00:06,080 Speaker 2: Wasn't that long ago the Johnny Depp and Amber Herd 3 00:00:06,080 --> 00:00:08,920 Speaker 2: defamation case captured the world. I thought you'd heard enough. Well, 4 00:00:08,920 --> 00:00:11,719 Speaker 2: now there's a Netflix documentary putting the case back at 5 00:00:11,720 --> 00:00:15,400 Speaker 2: the forefront for people. Somebod who went viral by commentating 6 00:00:15,440 --> 00:00:18,400 Speaker 2: on the trial is Sydney based defense lawyer Jahann Kalanta. 7 00:00:18,920 --> 00:00:21,759 Speaker 2: He's featured heavily in the doco. Without him even knowing it, 8 00:00:21,880 --> 00:00:23,440 Speaker 2: he joins us Now, Jahann. 9 00:00:23,120 --> 00:00:26,280 Speaker 1: Hi, hey you, good morning. How are you great. 10 00:00:26,880 --> 00:00:28,920 Speaker 3: It must have been interesting when all of a sudden 11 00:00:28,960 --> 00:00:30,520 Speaker 3: you just popped up on Netflix. 12 00:00:31,560 --> 00:00:34,600 Speaker 1: It was a weird Thursday. I started getting text messages 13 00:00:34,640 --> 00:00:37,879 Speaker 1: for relatives and friends. Oh, you did great in that documentary, 14 00:00:37,960 --> 00:00:40,920 Speaker 1: and I'm thinking, what documentary are you talking about? 15 00:00:41,200 --> 00:00:44,800 Speaker 2: Well, this all came about because of your tiktoks, which 16 00:00:45,080 --> 00:00:49,320 Speaker 2: was your daily analysis of the court room drama. What 17 00:00:49,440 --> 00:00:52,320 Speaker 2: did you make of that court case? Because early on 18 00:00:52,400 --> 00:00:55,000 Speaker 2: you said, well, Johnny Depp's going to be he's going 19 00:00:55,040 --> 00:00:56,480 Speaker 2: to be let off here, and you were right. 20 00:00:58,080 --> 00:01:01,360 Speaker 1: It was a really interesting moment in I guess pop 21 00:01:01,400 --> 00:01:03,520 Speaker 1: culture and legal history. So I can only see the 22 00:01:03,520 --> 00:01:05,200 Speaker 1: world through the lens of a lawyer, and while I 23 00:01:05,240 --> 00:01:07,840 Speaker 1: don't practice in the United States, many of the tactical 24 00:01:07,880 --> 00:01:10,600 Speaker 1: and strategic skills are pretty much the same, and so 25 00:01:11,480 --> 00:01:14,559 Speaker 1: there was a lot of white noise around this particular trial. 26 00:01:14,640 --> 00:01:17,120 Speaker 1: But when you cut through it and you started to 27 00:01:17,120 --> 00:01:19,760 Speaker 1: look at the different elements, you started to see, Look, 28 00:01:19,880 --> 00:01:22,520 Speaker 1: it's likely that she was defamed, and that's what the 29 00:01:22,920 --> 00:01:24,800 Speaker 1: court ultimately found, as was Miss Hurds. 30 00:01:26,440 --> 00:01:28,160 Speaker 2: So they were both defamed. 31 00:01:29,040 --> 00:01:32,200 Speaker 1: Yes, So essentially the ultimate outcome was that mister Depp 32 00:01:32,240 --> 00:01:34,039 Speaker 1: had been defamed by the op ed and that Miss 33 00:01:34,120 --> 00:01:38,039 Speaker 1: Hurd had been defamed by representations made by mister Depp's 34 00:01:38,040 --> 00:01:41,600 Speaker 1: attorney at the time. So it was the victory was 35 00:01:41,640 --> 00:01:44,720 Speaker 1: really to mister Depp because he was awarded substantially more damages. 36 00:01:44,760 --> 00:01:46,800 Speaker 1: But ultimately the court found both of them had done 37 00:01:46,840 --> 00:01:47,320 Speaker 1: the long thing. 38 00:01:47,800 --> 00:01:51,120 Speaker 2: You were quite opinionated about Amber Herd's legal team. What 39 00:01:51,200 --> 00:01:52,520 Speaker 2: did they get wrong? 40 00:01:54,400 --> 00:01:56,880 Speaker 1: I think they did a very very good job, to 41 00:01:56,920 --> 00:01:59,840 Speaker 1: the best of their ability, with a client that was 42 00:02:00,080 --> 00:02:03,200 Speaker 1: not particularly well received by either the jury or the 43 00:02:03,200 --> 00:02:06,120 Speaker 1: general public. And I think that what they did was 44 00:02:06,160 --> 00:02:09,120 Speaker 1: they came off as quite swami at certain times, and 45 00:02:09,160 --> 00:02:12,560 Speaker 1: they came off as quite arrogant, and that's understandable. Defamation 46 00:02:12,680 --> 00:02:14,960 Speaker 1: is incredibly hard to prove in the United States, and 47 00:02:15,200 --> 00:02:18,840 Speaker 1: mister Herd had already unsuccessfully attempted a defamation action against 48 00:02:18,840 --> 00:02:21,080 Speaker 1: The Sun in the United Kingdom, and so it was 49 00:02:21,120 --> 00:02:22,880 Speaker 1: easy for them to go in there thinking this is 50 00:02:22,919 --> 00:02:25,720 Speaker 1: a laid down maasaire. But as the trial went on, 51 00:02:25,800 --> 00:02:28,360 Speaker 1: and as the jury started to I guess, become more 52 00:02:28,760 --> 00:02:31,920 Speaker 1: conscious of the credibility of misheard and perhaps find Johnny 53 00:02:31,960 --> 00:02:35,079 Speaker 1: more likable than they expected. They didn't switch tactics, and 54 00:02:35,120 --> 00:02:37,200 Speaker 1: that's where I think they came a little bit unstuck. 55 00:02:37,440 --> 00:02:39,679 Speaker 3: Defamation has become a big thing in our country, though, 56 00:02:39,680 --> 00:02:42,320 Speaker 3: hasn't it as well, but not really successful. No one's 57 00:02:42,320 --> 00:02:44,160 Speaker 3: really won any defamation cases. 58 00:02:45,320 --> 00:02:49,919 Speaker 1: Well. The reality is that this type of litigation, large 59 00:02:49,960 --> 00:02:53,440 Speaker 1: scale defamation for a powerful person to protect their position, 60 00:02:53,840 --> 00:02:56,160 Speaker 1: was never done before this, and certainly not done in 61 00:02:56,200 --> 00:02:59,400 Speaker 1: such a way as to be publicly broadcast on social media. 62 00:03:00,240 --> 00:03:02,720 Speaker 1: Was the first of its kind, but I believe it's 63 00:03:02,760 --> 00:03:04,799 Speaker 1: the start of something. I don't know if anything will 64 00:03:04,800 --> 00:03:07,160 Speaker 1: ever be this big again, but I imagine that this 65 00:03:07,240 --> 00:03:10,480 Speaker 1: will be the way that you know a listers and 66 00:03:10,520 --> 00:03:13,799 Speaker 1: people in power litigate these disputes moving forward, because it 67 00:03:13,880 --> 00:03:16,800 Speaker 1: really was a pr campaign wrapped up as a lawsuit. 68 00:03:16,520 --> 00:03:18,160 Speaker 2: And is that good or bad? How do you as 69 00:03:18,160 --> 00:03:19,120 Speaker 2: a lawyer feel about that? 70 00:03:20,280 --> 00:03:22,600 Speaker 1: I see it. Look, I can kind of both ways. 71 00:03:22,919 --> 00:03:25,600 Speaker 1: Access to justice is necessarily a good thing. It's good 72 00:03:25,639 --> 00:03:28,440 Speaker 1: that people can see the evidence unfold and can make 73 00:03:28,480 --> 00:03:31,320 Speaker 1: those opinions. But the problem is that it also generates 74 00:03:31,320 --> 00:03:33,960 Speaker 1: substantial white noise. A lot of the experts who were 75 00:03:33,960 --> 00:03:37,360 Speaker 1: commentating on this thing had no qualification whatsoever, and some 76 00:03:37,400 --> 00:03:40,280 Speaker 1: of them were saying things that were respectfully unhinged. So 77 00:03:40,400 --> 00:03:43,080 Speaker 1: it's really concerning because if you're getting you know, if 78 00:03:43,120 --> 00:03:45,880 Speaker 1: you're getting your insights from people who aren't qualified journalists, 79 00:03:46,240 --> 00:03:47,200 Speaker 1: you've got a problem. 80 00:03:47,400 --> 00:03:50,080 Speaker 2: And the result is very interesting that Johnny Depp continues 81 00:03:50,080 --> 00:03:52,360 Speaker 2: to work and Amberhard seems to be struggling. Funny that. 82 00:03:53,760 --> 00:03:56,400 Speaker 1: Yeah, Look, it's what we need to always bring it 83 00:03:56,440 --> 00:03:59,240 Speaker 1: back to is that if somebody is the victim of 84 00:03:59,320 --> 00:04:03,240 Speaker 1: something surrendous as into partner violence, they deserve to be believed. 85 00:04:03,320 --> 00:04:05,920 Speaker 1: And it's so important that this does not detract from 86 00:04:05,920 --> 00:04:08,200 Speaker 1: that message in any way, shape or form. The flip 87 00:04:08,240 --> 00:04:10,000 Speaker 1: side of it, though, is if someone is willing to 88 00:04:10,040 --> 00:04:13,920 Speaker 1: make unsubstantiate allegations which destroy someone's life. There needs to 89 00:04:13,960 --> 00:04:16,640 Speaker 1: be some account and so I'm hopeful that this has 90 00:04:16,680 --> 00:04:19,200 Speaker 1: brought that message to the general public and it hasn't 91 00:04:19,279 --> 00:04:21,720 Speaker 1: kind of washed over the importance of making sure that 92 00:04:21,920 --> 00:04:25,200 Speaker 1: people in those horrible situations deserve to be believed and 93 00:04:25,240 --> 00:04:27,480 Speaker 1: deserve to have every opportunity to get out of them. 94 00:04:27,720 --> 00:04:30,200 Speaker 3: Well, Johan, you are great. We're putting you on our 95 00:04:30,240 --> 00:04:33,479 Speaker 3: speed for any sort of defamation law or trouble that 96 00:04:33,520 --> 00:04:34,760 Speaker 3: Amanda might get us into. 97 00:04:35,279 --> 00:04:35,880 Speaker 1: Wouldn't be me. 98 00:04:35,960 --> 00:04:38,679 Speaker 3: It would always be Amanda. And you can follow Johanna 99 00:04:38,720 --> 00:04:44,360 Speaker 3: on TikTok at Johan Kalanta Official. Thank you for joining us, mate. 100 00:04:44,160 --> 00:04:45,599 Speaker 1: Thank you so much for having me. Guys,