Donkey Kong champion Billy Mitchell is a legend of the video game world. But he’s not playing around over an Aussie YouTuber’s ‘total lie’ following the suicide of a rival

A famous arcade gamer and former Donkey Kong world record holder is suing an Australian YouTuber.

William ‘Billy’ James Mitchell has filed a lawsuit against Brisbane-based YouTuber Karl Jobst over comments Jobst made in a YouTube video posted online in May 2021.

Mr Mitchell alleges Mr Jobst defamed him when he said in the video that the gamer had contributed to the suicide of another YouTuber, Ben Smith – also known as ‘Apollo Legend’ – in 2021.

Mitchell, 59, rose to fame in 1982 when he set world records playing the popular arcade games Donkey Kong and Pac Man.

His lawyer, Peter Somers, told the Brisbane District Court on Monday that his client had filed a defamation lawsuit against Smith in February 2020, after the YouTuber accused Mitchell of “cheating on world records”.

The lawsuit was ultimately settled out of court and had no financial value, Mr. Somers said.

Mr Mitchell alleges that Mr Jobst falsely claimed that the gamer expressed callous joy over Mr Smith’s death.

“A few months after the settlement, Mr. Smith unfortunately committed suicide,” Mr. Somers said.

He posted a video on YouTube.

‘In essence, what I am trying to say is … (that) Mr Smith did not blame anyone for the subsequent suicide.’

The video Smith posted to YouTube before his death was played in court on Monday on the first day of the trial.

Mr. Jobst’s video was also played in court. It contained allegations that Mr. Smith committed suicide after experiencing financial stress as a result of Mr. Mitchell’s lawsuit.

Mr Somers said the allegations in Mr Jobst’s video linking his client to Mr Smith’s death had had an impact on Mr Mitchell and “his reputation”.

Mr Somers said there were also a “large number of public comments” on Mr Jobst’s video that related to Mr Mitchell’s claim.

A separate video posted online by Mr Mitchell was also shown to the court, in which he addresses his online followers about Mr Jobst’s “most appalling allegations”.

“Jobst flat out claims I drove Apollo to suicide,” Mitchell said in the video.

“These claims and that story are demonstrably false. They are a total lie.”

Mr Mitchell explained in the video that there was “never any financial transaction” between him and Mr Smith.

“The reality is that we reached an agreement and we went our separate ways,” he said in the video.

“The agreement had no impact on his life, unlike Jobst’s lie. I didn’t want to ruin a life.

“(His health was a) major reason why I walked away.”

Mr Mitchell alleged in the video that Mr Jobst wanted to “stoke the emotions of his viewers” by making a “very calculated” accusation against him.

In court, Mitchell said he was “absolutely angry” and “shocked” when he first saw Jobst’s video.

“I was completely lost, honestly, when I heard the words and kept watching the video, I was terrified,” he said.

‘Mr. Jobst has opened up a whole new spectrum of libel.

‘No one in my life, anywhere in my life, has ever accused me of anything like this, of inciting a young man to commit suicide.

‘No one had ever made such an accusation. I was completely lost.’

According to Mr Mitchell, his health deteriorated after the video. He lost 25 pounds and could not eat for two weeks.

He told the court that after the video was released, the organizer cancelled at least three appointments to appear at gaming conventions.

Mitchell said one event would have earned him $50,000 if he had shown up, he told the court.

“Because it was a business decision (the organizer explained) he felt he had to cancel our agreement and the specific reason was the negative attitude I was experiencing about Jobst’s allegations,” Mitchell said.

He said people still ask him questions about the allegations when he gives interviews or meets with fans, which “brings back” the fear he felt when the video was released.

Mr Mitchell said he lived in “absolute fear” because he felt there was “absolutely nothing” he could do to stop Mr Jobst from publishing the allegations in the video.

The court was told that Mitchell had sought legal advice in Australia about Jobst’s video and that legal discussions were underway, but that Jobst would put the documents online for the public to view.

“No matter what happened, even when we publicly refuted him, he kept coming,” Mitchell said.

Mitchell previously alleged that Jobst had made several other incriminating allegations, namely that the gamer had cheated to improve his world records.

The court was told that Mitchell had lost several world records after Guinness World Records and video game database Twin Galaxies (which keeps track of high scores for classic video games) revoked his titles.

However, the court was told that most of these rights have now been reinstated.

Mr Somers said it was not for the presiding judge, Ken Barlow KC, to determine whether Mr Mitchell had cheated as that was no longer part of the defamation case.

Mr. Jobst relies on a legal defense of truth.

Mr. Mitchell describes himself as a professional video game player and “movie personality.”

He is expected to testify on Monday afternoon.