‘Out of context’: William ‘Billy’ James Mitchell grilled over origin of stress during defamation trial against Aussie YouTuber

Contradictory claims about the stress faced by an American gamer suing a Brisbane YouTuber for defamation have been revealed in court.

Contradictory claims about the origins of stress experienced by an American gamer suing an Australian YouTuber for defamation have been revealed in court.

William “Billy” James Mitchell, a former world record holder for the 1981 arcade game Donkey Kong, has lodged proceedings against Brisbane-based content creator Karl Jobst over comments Mr Jobst made in a YouTube video published online in May 2021.

William ‘Billy’ James Mitchell was not in contempt of court when he used his phone in court. Picture: NewsWire/Tertius Pickard

Mr Mitchell claims Mr Jobst defamed him when he implied in the video the arcade gamer had contributed to the death by suicide of another YouTuber, Ben Smith – also known as “Apollo Legend” – in 2021.

Mr Mitchell settled a defamation lawsuit outside of court with Mr Smith prior to his death, the court was told.

In Mr Jobts’ video, he allegedly inferred this lawsuit to the was a contributing factor in Mr Smith’s death by suicide.

He also spoke about cheating allegations made about Mr Mitchell’s various gaming records - which had been expunged before later being reinstated.

The court was told about a previous lawsuit settled in 2023 by Mr Mitchell and video game database Twin Galaxies – which officiates high scores for classic video games – over the platform’s allegations in 2018 that the professional gamer had cheated to obtain his high scores.

During cross-examination, Mr Jobst’s barrister, Michael de Waard, asked Mr Mitchell about the stress he attributed to his client’s video compared with the cheating allegations made by Twin Galaxies.

“The Twin Galaxies stress is nothing compared to this (the case against Mr Jobst), it doesn’t compare to this,” Mr Mitchell replied.

Karl Jobst is being sued by the former world record holder. Picture: NewsWire/Tertius Pickard

A video of Mr Mitchell’s January 2023 deposition during the Twin Galaxies case was then played to the court, with Mr Mitchell asked about the stress brought on by the cheating allegations.

When asked by the US prosecutor in the video about the stress caused by Mr Jobst and its impact, Mr Mitchell said in the video that it didn’t compare with the stress of Twin Galaxies’ allegations.

“That (Mr Jobst allegations) is minimal compared to this because this is where it all began,” he said in the video.

When Mr de Waard pointed out that Mr Mitchell’s response in the video about the primary stressors he was experiencing was contradictory to the response he told in the current defamation case, the gamer replied: “They’re separate. We were in the Twin Galaxies deposition.

“You’re taking it out of context.”

He later clarified when asked about the video by Mr Somers that the stress caused by Twin Galaxies’ allegations was related to his high scores being called into question.

Mr Mitchell said the allegations made by Mr Jobst were “minimal” in respect to the cheating allegations lawsuit because they were “separate”.

Mr Mitchell held several Donkey Kong records. Picture: Supplied

Mr Mitchell told the court the Jobst video had caused him enormous stress because some people he interacts with still believe the allegations he had contributed to Mr Smith’s death.

“We live in a world now in the internet, when you put something there, it never leaves and continues to publicly harm you unless you challenge it and that’s why I’m here,” he said.

“His (Mr Jobst) people pull his content and they repeat it.

“It’s created a tremendous amount of anxiety.

“I’ve had anxiety throughout my life... but it was a unique anxiety brought on by Mr Jobst’s publication.”

Mr Mitchell’s 26-year-0ld son, William ‘Billy’ James Mitchell “The Fourth”, also gave evidence on Wednesday.

Referred to as “William” in court to differentiate between father and son, he said Mr Mitchell had been “very shocked” and “very angry” when he first saw the video posted by Jobst in May 2021.

William told the court he noticed his father began to become “socially withdrawn” and had developed an “irregular sleep schedule” in the weeks after the video was first published.

The court was told Mr Mitchell had even sought guidance from a pastor, which William said was “very unusual” as the Mitchell family were not “exactly religious”.

Karl Jobst with his Barrister Michael de Ward (left). Picture: NewsWire / Glenn Campbell

Earlier, Judge Ken Barlow KC raised his concerns about the possibility Mr Mitchell was in “contempt of court” before proceedings began on day three of the trial in Brisbane District Court on Wednesday.

Mr Mitchell had been observed on Tuesday using his phone while sitting in the public gallery waiting to continue to give evidence.

Moments later, Judge Barlow verbally reminded Mr Mitchell that it was forbidden for him to be on his phone in the courtroom.

However, on Wednesday, Judge Barlow said he’d been alerted overnight about the possibility that Mr Mitchell had been texting his son, who is also listed as a witness in the trial, while seated in the courtroom.

Judge Barlow said if this was true, Mr Mitchell would be at risk of being in “contempt of court”.

He adjourned the court to allow Mr Mitchell’s lawyer, Peter Somers, to determine what his client had been using his phone for.

Mr Mitchell had told the court that he was stressed because of the video made by Mr Jobst. Picture: NewsWire / Glenn Campbell

Mr Somers said his client hadn’t been texting his son while seated in the courtroom and the only texts between father and son were made after court to discuss breakfast and dinner arrangements.

Judge Barlow said “of course there would be communication” between the pair about eating plans because they were in a foreign country.

“I was concerned because it had been drawn to my attention so I thought I would raise it,” Judge Barlow said.

He ruled that Mr Mitchell was not at risk of contempt of court for being caught on his phone.

Judge Barlow again reminded those seated before him that “no one should be using” any device inside the courtroom.

He would not confirm who alerted him to the contempt-of-court concerns.

The trial continues on Thursday.