The captain of a luxury yacht that sank in a storm off the coast of Sicily last week, killing British technology mogul Mike Lynch and six others, is under investigation for manslaughter and shipwreck, Italian media reported.
The 56-metre luxury yacht, Baysian, with 22 passengers on board, sank off the coast of Porticello, a fishing village near Palermo, in the early hours of August 19. It is believed to have been hit by a gale, a strong wind associated with storms.
Among the victims were Lynch and his 18-year-old daughter, Hannah. Fifteen people survived, including Lynch’s wife, whose company owned the Bayesian newspaper.
On Sunday, prosecutors questioned James Cutfield, 51, from New Zealand, the captain of the Bayzian, for a second time. At the end of the questioning, investigators asked him to appoint a lawyer.
Notifications must be sent to those under investigation before authorities can carry out autopsies. Sources said the autopsies on the seven victims of the shipwreck would be carried out at the Forensic Medicine Institute at the Policlinico hospital in Palermo.
An investigation in Italy does not mean a conviction or necessarily formal charges.
“Our client is deeply affected by this ordeal,” Giovanni Rizzotti, one of Catfield’s lawyers, told the Adnkronos news agency on Monday, noting that the captain would face further questioning by prosecutors on Tuesday. “We are currently, together with other legal representatives, evaluating the defense strategy and examining the technical aspects of the case.”
Catfield may not be the only person under investigation. Other crew members may also be questioned. Prosecutors in Termini Imerese declined to comment when contacted by the Guardian.
The surviving passengers, including Lynch’s wife, Angela Paccaris, left Sicily on a private jet on Sunday. The yacht’s crew members remain on the island and may face further questioning by prosecutors in the coming days.
The prosecutor’s office has examined videos and photos taken by local residents on the night of the storm, as well as surveillance camera footage. In recent days, the Coast Guard has visited all private homes and public places equipped with surveillance cameras.
Experts are amazed at how the Bayesian ship sank in just 60 seconds. Investigators suspect that the crew may have underestimated the severity of the storm and left a hatch open in the ship. This negligence, exacerbated by the waves pounding the ship, allowed water to enter the ship and cause it to sink quickly.
Italian officials said it would be difficult to conduct a full investigation into the ship’s sinking if the wreckage was not recovered.
The shipwreck lies at a depth of 50 metres in Porticello Bay, which is under the supervision of Italian authorities. Salvage work is not expected to begin before October.
“It is in the interest of the owners and managers of the ship to save it,” said Ambrogio Cartosio, head of the prosecutor’s office in Termini Imerese, adding that they “have confirmed their full cooperation.”
Officials said the passengers who died may have been asleep, “while others who survived were not.”
Among the dead, in addition to Lynch and his daughter, were the yacht’s chef, Ricaldo Thomas, Morgan Stanley International chairman Jonathan Plummer and his wife Judy, and Clifford Chance’s lawyer Chris Morvillo and his wife, Nida.
Four investigators from the UK government’s Marine Accidents Investigation Branch have arrived in Sicily to conduct an investigation that will help support information gathering by insurance companies and victims’ lawyers.
“We may see recommendations from flag states after everything has been studied,” said Sarah Allan, a yacht specialist and partner at Bennington Munches Coopers. “This will serve as a reminder to many captains to review their safety protocols for impending storms, and the insurance market will be looking closely at any findings as part of loss prevention and risk management.”
She added that the incident was unprecedented in terms of the suddenness of the storm, the size of the ship and the speed at which it sank. “However, as with any incident, lessons will be learned.”
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