Saturday, November 9, 2024

Bayesian superyacht captain under investigation for manslaughter and shipwreck

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Italian prosecutors have launched an investigation into the captain of the Bayesian superyacht that sank off the coast of Sicily last week.

The £30million 56-metre yacht sank on August 18 in just 16 minutes. All but seven of the 22 onboard did not manage to escape in a liferaft. 

Captain James Cutfield, a 51-year-old from New Zealand, is being investigated for manslaughter and shipwreck by Italian authorities, it has been reported by local news outlets.

Being placed under investigation in Italy does not imply guilt and does not mean formal charges will follow.

A weather phenomenon known as a downburst – a violent downward explosion of wind that expands outwards as it hits the ground, often produced in thunderstorms – is believed to have played a part.

In addition, crimes of multiple manslaughter and causing a shipwreck through negligence may have possibly been committed, chief prosecutor of Termini Imerese, Ambrogio Cartosio, said.

Maritime law gives a captain full responsibility for the ship and the crew, as well as the safety of all aboard. Cutfield has already been questioned once and is being “extremely cooperative”. 

One line of inquiry being pursued is whether the nine surviving crew members raised the alarm before escaping.

Mr Carosio told reporters that the sinking could have been the responsibility of the captain, crew, individuals in charge of supervision, the ship-builder, or others.

He vowed to establish responsibility, warning: “For me, it is probable that offences were committed – that it could be a case of manslaughter.”

Carosio said that it would be “painful” if, theoretically, “this terrible tragedy was caused by behaviours that were not perfectly in order with regard to the responsibility that everybody had to have (on) the ship”. 

He added: “Individuals or people would potentially be culpable, negligent, lack of prudence, lack of responsibility… We can’t just deal with this quickly.”

Prosecutors did not conduct drugs and alcohol testing on the crew due to them needing treatment and being in shock.

Those killed are Jonathan Bloomer (the chairman of investment bank Morgan Stanley), Judy Bloomer (a psychotherapist), Christopher Morvillo (a partner at law firm Clifford Chance), Neda Morvillo (a jewellery designer), Mike Lynch (British tech tycoon), Hannah Lynch (Mike Lynch’s 18-year-old daughter) and Recaldo Thomas (the yacht chef).

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