Google loses defamation lawsuit


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A jury in Australia has found Google liable for damages after a complaint that its search results had linked a local man to gangland crime.

Milorad Trkulja had alleged that the US firm's image and web results had caused harm to his reputation.

The 62-year-old had said the site had refused to remove the material when asked. He had previously won a related case against Yahoo.

Google has not commented on the verdict and might still appeal.

The judge is expected to set the level of damages owed within a fortnight.

Mr Trkulja moved to Australia in the early 1970s after leaving Yugoslavia. He subsequently became a prominent member of the migrant community, hosting the Yugoslav-themed "Micky's Folkfest" television show in the 1990s.

In 2004 he was shot in the back by a man wearing a balaclava while at a restaurant. The crime was never solved, but a report by the Herald Sun newspaper later said that police did not link the attack to Melbourne's underworld.

As a result of the attack Mr Trkulja said that entering his name into Google Images brought up images of other people beneath which his name appeared.

He said some of these figures were allegedly murderers and one a drug trafficker. In addition the caption "Melbourne Crime" appeared beneath several of the photos, including one of Mr Trkulja himself, which he had alleged might lead users to believe he was a criminal.

"Melbourne Crime", in fact, referred to the source of the images - a now defunct website going by that name.

Mr Trkulja had also complained that the first result brought up by a web search of his name showed the words "Michael Trkulja - Melbourne Crime - Underworld - Ganglands", beneath which appeared the sentence: "Former music promoter Michael Trkulja was shot in the back by a hitman wearing a balaclava while dining at a St Albans restaurant in June 2004."

He said this created a "false innuendo" suggesting he had been involved in crime and his rivals had hired a hitman to murder him.

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