I understand the point.
And I understand why people say it...
because of the judge's reasoning.
But if people really want to go back and revisit evidence that is now known, I'd suggest subsequent comments made by Mr Wootten would be directly material.
When he suggested both he and Amber on numerous occasions tried to contact JK Rowling to have Johnny removed from Fantastic beasts.
If that is true...
Then that points directly to a possible malicious intent, and to a reason as to why the offending article was written.
And something that was not explored, or known of, at the time of the original trial.
They would also be relevant because Mr Wootten was a party...
And it could perhaps be argued that he and Ms Heard had conspired, perhaps, both in the the publication and at the trial.
The current problem is that because Amber is such a hate figure/victim of misogynist hate - or can be portrayed as such - and because much of the discussion is based on a misundrstanding of the differences in English and American law, these issues tend to get overlooked.
