Ex-bomb technician Evan Williamson barred from suing US government over NT BBQ explosion

A young American marine who suffered burns to a third of his body in a barbecue explosion in Darwin will not be given a cent from his own government.

Ex-bomb technician Evan James Williamson attempted to sue the American and Australian governments, as well as two contractors for a total of $US5m— $7.65m — over the explosion at the Berrimah defence base on August 1, 2019.

A young American marine who suffered burns to a third of his body in a barbecue explosion in Darwin will not be given a cent from his own government due to “foreign state immunity”.

Ex-bomb technician Evan James Williamson attempted to sue the American and Australian governments, as well as two contractors for a total of $US5m— $7.65m — over the explosion at the Defence Establishment Berrimah on August 1, 2019.

Mr Williamson was attempting to cook some hot dogs and burgers when his lighter flames hit a gas leak.

The court previously heard the flames consumed his entire body, leaving him with scars, burns to 30 per cent of his body, inhalation issues and psychological injuries.

Mr Williamson alleged senior members of the US Marines and Australian Defence Force were aware of the leak at least nine days before the explosion.

He has alleged his superiors therefore failed to take reasonable care to avoid him being exposed to an unnecessary risk of injury.

In June 2023, Justice Vincent Luppino found the American government could potentially be found liable.

However 18 months later that decision was overturned.

On Wednesday the NT Court of Appeal ruled the American government was “immune” from any claims of negligence through the Australian court system.

“The primary judge ought to have found the entire relationship between the sending state and the member of the visiting force was immune from suit,” the Justices ruled.

The US Government argued the allegations related to the failure of Mr Williamson’s command to go to the management and maintenance teams at Berrimah base.

It argued this spoke to the Marine’s internal structure and administration, and therefore was covered by the military’s ‘right of sovereignty’.

The Justices ruled injuries in the line of duty while on Australian soil — whether by failure of equipment or medical negligence on base — did not mean the foreign soldiers could sue their own governments through the Australian courts.

“Such matters between service members and the foreign state which they serve are to be resolved by the law of the foreign state,” the Justices said.

“Any exercise of local jurisdiction in such a case would interfere with the internal administration of the visiting force.”

The three NT Justices found holding the foreign government responsible for the explosion would breach international laws, a treaty and the Status of Forces Agreement.

Five years after the explosion, Mr Williamson’s civil case has been on pause under a stay application as the US Government’s appeal was decided.

Following the Court of Appeal’s ruling, Mr Williamson can continue his case against the Australian Government and two defence contractors, Ventia Australia and B & L Dowling Pty Ltd, which trades as Darwin’s Gasman.

Originally published as Ex-bomb technician Evan Williamson barred from suing US government over NT BBQ explosion