Lawyer for Baby Reindeer's 'real life Martha' admits possible 'difficulty'

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The lawyer representing Fiona Harvey - who claims to be "real life Martha" from Baby Reindeer as she sues Netflix - has spoken out in a new televised interview on Wednesday.

Legal brain Richard Roth has admitted one thing that could prove to be "a little more difficult" in the £135million lawsuit being waged against Netflix over drama Baby Reindeer, which starts with the statement: "This is a true story". Baby Reindeer tells the story of Donny (played by Richard Gadd) who is relentlessly stalked by Martha (played by Jessica Gunning) after an act of kindness.

In the wake of the news about the lawsuit, Netflix has spoken out about the lawsuit previously to say: "We intend to defend this matter vigorously and to stand by Richard Gadd’s right to tell his story."

Now dialling into Good Morning Britain from New York for a new interview, Harvey's attorney said the lawsuit could be a "little more difficult" if Netflix do have the 41,000 messages she is alleged to have sent.

Read more: What we know and don't know about 'Martha' from Baby Reindeer suing Netflix

What, how and why?

He explained: "They better have those hours of voicemails, they better have 41,000 messages. Think about that, 41,000 messages. The relationship was not that long of a relationship. So if they don't have those 41,000, I'm telling you we don't have them and I don't believe they have them. Then that's where Netflix fails.

"Netflix has to say, 'Fine you say in this show there's 41,000 emails in the show, let me see them. You say there are tweets, let me see them. You say there are this many hours of messages, let me see it. It's our position.' They will have to come up with it because we have not seen anywhere near that amount.

"And Fiona stands by her statement that she made in front of Piers Morgan, which is that there is no where near that amount. So yes, if there are those types of messages, it becomes a little more difficult. But still."

Previously, Harvey told Piers Morgan: "I don’t think I sent him anything. There may have been a couple of emails, jokey banter, but that is it."

Now her lawyer has also said that Harvey "is not a convicted felon". "You're calling her a convicted felon," he said. "She didn't do anything that rose to a level of conviction. She wasn't even arrested. The laws haven't changed."

He added: "We dispute everything about the show. Even if some of it is true, 'this is a true story' does not give them the licence to make some falses and some truths."

Netflix lawsuit

In the US lawsuit filed at the Californian federal court, Harvey has accused Netflix of the following: defamation, intentional infliction of emotional distress, negligence, gross negligence and violations of her right of publicity.

The drama is said to be based on real events. After Baby Reindeer aired, Gadd asked people not to speculate on who the characters on the series could be based on in real life.

Harvey said she has no doubts that the character of Martha was "intended to be a portrayal of me" and publicly identified herself. However Netflix or Gadd have not confirmed the real identity of Martha.

Actor Gadd previously said they had "tweaked" the events slightly for Baby Reindeer and that he wanted to "protect" the people it was based on. He told The Guardian: "It’s very emotionally true, obviously: I was severely stalked and severely abused. But we wanted it to exist in the sphere of art, as well as protect the people it’s based on."

Yahoo has reached out to Netflix for further comment.