If Actrial was provoked to write those OOC messages then that is another case and it should be raised by him and no other and of course be judged individually.
His actions cannot be justified just because there may be a motivation behind them and it is not the job of Magistrates to play detectives and search behind the scenes. The one who feels offended ends ups here and claims his right for justice. It's pretty simple.
If someone defends himself with offense then he automatically becomes an offender himself.