CNN
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The captain of the Bayesian luxury yacht that sank near Porticello, off the coast of Sicily, last week will face investigation on possible charges of involuntary manslaughter and negligent shipwreck, Italian prosecutors said Monday.
James Cutfield, 51, was the chief of the 56-metre yacht when it capsized in a violent storm on Monday, killing six passengers, including British tycoon Mike Lynch and his 18-year-old daughter Hannah. The yacht’s chef, Recaldo Thomas, also likely died in the sinking.
The other victims were Jonathan Bloomer, a director at Morgan Stanley International, Chris Morvillo, a prominent American lawyer, and their two wives – Judy Bloomer and Neda Morvillo. Chris Morvillo, a partner at Clifford Chance, helped defeat the fraud trial against Lynch last June.
Cutfield and 14 others survived the sinking, including Lynch’s wife, Angela Bacares.
A weather phenomenon known as a waterspout – one of several types of tornadoes – is believed to have caused the yacht to sink. But Italian authorities are investigating whether the crew’s actions and the way they handled the boat contributed to the deadly sinking.
New Zealander Cutfield is not in custody, according to Italian prosecutors, but he cannot leave the country while the investigation is ongoing. Maritime law gives the captain full responsibility for the ship, crew and everyone on board, according to Reuters.
The victims were likely asleep at the time of the storm, a prosecutor said over the weekend, which explains why they were unable to escape. On Saturday, the prosecutor and the head of the firefighters’ recovery team both said five bodies were found in the same room on the ship, which could mean they were searching for an air pocket as the ship sank.
Investigators have warned that the circumstances of the sinking remain largely unclear, including whether there was a black box on board the ship and whether some of the ship’s hatches were left ajar – which would explain why it sank so quickly.
The CEO of the company that owns the boat’s builder, The Italian Sea Group, said the yacht was “unsinkable”. Giovanni Costantino told Sky News that sailboats “are the safest in the most absolute sense”.
Salvage crews are expected to refloat the Bayesian – named after the statistical theory that helped Lynch make his fortune – in the coming weeks. Under Italian law, the cost of refloating and salvaging the ship is the responsibility of the ship’s owner.
Since Bacares’ company owns the ship, it will have to find a salvage company and refloat the vessel, which will then be handed over to Italian authorities as part of the investigation, chief prosecutor Ambrogio Cartosio said on Saturday.
Once the yacht is refloated, investigators will determine whether the hatches were open during the storm, Cartosio added.
Italian prosecutors will also investigate whether the ship’s first mate was on deck when the vessel sank and whether anyone tried to warn passengers of imminent danger.
