A judge has rejected a request by Olivier Martinez’s lawyer to reopen evidence over an Instagram post that appeared to criticise the French actor and was published on Halle Berry’s account.
Martinez’s lawyer, Patrick Baghdaserians, argued that the post breached a temporary restraining order and sought to question Berry about it in court.
Berry’s lawyer, Marina Beck, described the application as a “last-minute grasp at straws, nothing more than a witch hunt”. She also alleged that the request had been made in open court in front of the press to revive what she called a false narrative.
“They just intended to re-open evidence and continue their false narrative,” Beck said.
Baghdaserians responded that the Instagram post was “disturbing my client’s peace, disturbing my client’s calm”. Judge Shelley Kaufman ultimately denied the motion.
The Instagram story, posted on Monday, stated: “If kids disrespect their mom, the root cause often traces back to their relationship with the father.”
People close to Berry have said she did not publish the message and that an investigation was under way into how it appeared on her account.
The dispute comes amid a custody battle between Berry and Martinez over their 13-year-old son, Maceo. Martinez has accused Berry of choking the boy during an argument while he was playing a virtual-reality game, an allegation that has not been established.
Maceo gave evidence during a hearing on Martinez’s request for a restraining order. His testimony was heard behind closed doors, with both parents ordered to leave the courtroom.