The captain of the luxury yacht that sank in a storm off the coast of Sicily last week, killing British tech tycoon Mike Lynch and six others, is under investigation for manslaughter and shipwreck, Italian media reported.
The 56-metre (184-foot) superyacht, Basian, with 22 passengers on board, sank in the early hours of August 19 off the coast of Porticello, a fishing village near Palermo, after being hit by a downburst, a type of storm-related wind gust.
The victims included Mr Lynch and his 18-year-old daughter Hannah. Fifteen people survived, including Mr Lynch’s wife, who owned Bayesian.
On Sunday, prosecutors questioned the captain of the Baysian, New Zealander James Cutfield, 51, for the second time. At the end of the questioning, investigators asked him to appoint a lawyer.
Those under investigation must be notified before authorities can carry out autopsies, which will be carried out at the forensic medicine laboratory of Palermo’s Policlinico Hospital, the official said.
Being under investigation in Italy does not mean guilty, nor does it necessarily mean that formal charges will be laid.
“Our client is deeply troubled by this incident,” Giovanni Rizzuti, one of Cutfield’s lawyers, told the Guardian on Monday, noting that the captain would be questioned further by prosecutors on Tuesday. “We are currently working with other legal advisers to evaluate our defence strategy and consider the technical aspects of the case.”
Cutfield may not be the only person under investigation – other crew members could be questioned. The Termini Imerese prosecutor’s office declined to comment when contacted by the Guardian.
The survivors, including Lynch’s wife, Angela Bacalez, left Sicily on a private jet on Sunday. The yacht’s crew remain on the island and may face further questioning by prosecutors in the coming days.
Prosecutors are examining videos, photos and CCTV footage taken by local residents on the night of the storm, and the Coast Guard has in recent days visited all homes and public places where security cameras are installed.
Experts are baffled at how the Baysian sank in less than 60 seconds. Investigators suspect the crew underestimated the severity of the storm and left the ship’s hatches open. This oversight, combined with waves crashing overboard, caused the ship to fill with water and sink rapidly.
Italian authorities said a full investigation into the sinking would be difficult if the wreckage was not recovered.
The wreck lies 50 metres deep in Porticello Bay and is under guard by Italian authorities, with recovery operations not expected to start until October.
“It is in the interest of the owners and managers to salvage the ship,” Termini Imerese prosecutor Ambrogio Cartosio said, adding that “they have promised full cooperation.”
Officials suggested that the passengers who died were likely asleep, but “the surviving passengers were not asleep.”
Besides Lynch and her daughter, other victims included yacht chef Recardo Thomas, Morgan Stanley International Bank chairman Jonathan Bloomer and his wife Judy, and Clifford Chance Bank attorney Chris Morbillo and his wife Neda.
Four investigators from the British government’s Maritime Accidents Investigation Branch have arrived in Sicily to carry out investigations to help insurers and victims’ lawyers gather information.
Sarah Allan, yacht expert and partner at Pennington Manchester Cooper, said: “It is quite likely that after all consideration, recommendations will be issued by flag states. This will prompt many captains to reassess their safety measures for the upcoming storm and the insurance market will be closely monitoring the findings as part of loss prevention and risk management.”
She added that the incident was unprecedented because of the suddenness of the storm, the size of the ship and how quickly it sank, “but lessons can be learned from any accident.”
