Captain of sunken Bayesian yacht faces manslaughter and shipwreck investigation

Italian prosecutors are investigating the captain of British-flagged yacht that sank during a storm off the coast of Sicily, killing seven people.

James Cutfield, a 51-year old New Zealand national, is facing questioning for possible manslaughter and culpable shipwreck, the Italian prosecutor’s office announced Monday.

Under Italian law, being under investigation doesn’t imply wrongdoing and doesn’t necessarily lead to criminal charges.

Mr Cutfield was the head of crew aboard the 56-meter Bayesian when it sank during a ferocious storm last Monday.

Six passengers, including British tycoon Mike Lynch and his 18-year-old daughter, Hannah were killed, along with the vessel’s chef, Recaldo Thomas.

The other victims were Morgan Stanley International director Jonathan Bloomer, prominent American lawyer Chris Morvillo, and both of their wives – Judy Bloomer and Neda Morvillo.

Rescue operations in the stretch of Sea near Palermo, Sicily. / Credit: AP

Mr Morvillo, a partner at Clifford Chance, was involved in successfully defeating the US fraud case against Lynch in June. Mr Cutfield and 14 other people survived the sinking, including Lynch’s wife, Angela Bacares.

Italian authorities are now investigating whether the crew’s actions and their handling of the boat contributed to the deadly sinking.

New-Zealand born Mr Cutfield is not in custody, according to Italian prosecutors, but he cannot leave the country while the investigation is ongoing. Maritime law gives a captain full responsibility for the ship, crew, and all on board.

Hannah and Mike Lynch / Credit: Family Handout/PA

Those killed were likely asleep at the time of the storm, a prosecutor said at the weekend, which is why they were unable to escape.

In a conference on Saturday, Girolamo Bentivoglio, the chief of the Palermo fire service said specialised divers attempting to retrieve the bodies had to deal with “very little visibility due to the weather conditions”.

He added: “The yacht obviously pinned to the right and obviously the (people) tried to go on the other side and then took refuge in their cabins.

“We found four or five bodies in the cabin on the left and there was another one in the third cabin on the left too, and obviously they were in the higher part of the wreck.”

The body of Recaldo Thomas was recovered last Monday. / Credit: ITV News

Investigators warned that the circumstances of the sinking remain largely unclear, including whether there was a black box onboard the ship, and if some of the ship’s hatches were left ajar – which would explain why it sank so rapidly.

One of the main questions being considered is how a sailing vessel deemed “unsinkable” by its manufacturer, Italian shipyard Perini Navi, sank while a nearby sailboat remained largely unscathed.

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Prosecutors will also investigate whether the ship’s chief mate was on the bridge when the ship sunk, and if anyone tried to warn the passengers of imminent danger.

Salvage crews are expected to raise the Bayesian – named after the statistical theory on which Lynch made his fortune – in the coming weeks. Under Italian law, the cost of raising and salvaging the ship falls on the ship’s owner.

As Ms Bacares’ company owns the vessel, it must find a salvage company and raise the ship, which is then handed to Italian authorities as part of the investigation, the main prosecutor Ambrogio Cartosio said on Saturday.

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