Mike Lynch: Captain of Bayesian yacht ‘declines to answer questions’ in probe

Good evening, that’s all for today on our coverage.

The Bayesian sent its last signal before sinking via the tracking Automatic Identification System (AIS) at 0206 GMT, according to the MarineTraffic website.

Chief Prosecutor Ambrogio Cartosio said a red flare alerting rescue services about the emergency was fired into the sky at 0238 GMT, more than 30 minutes after the boat had gone down.

The head of Palermo’s Fire Brigade, Girolamo Bentivoglio Fiandra, said the boat sank from the stern and is lying on its starboard side at a depth of around 50 metres (164 feet).

In the yacht, the bodies of the dead were found in the cabins on the left-hand side of the boat, where the passengers may have tried to search for remaining bubbles of air, he added.

Prosecutor Cammarano said the passengers were all probably asleep at the time of the storm which was why they failed to escape.

The Bayesian captain James Cutfield was asked to appoint a lawyer after questioning by Italian prosecutors investigating the sinking of the yacht on Sunday.

The 51-year-old has been placed under investigation for possible manslaughter and shipwreck, according to his lawyer Aldo Mordiglia.

Mr Mordiglia is one of two lawyers who are representing the New Zealander. The other is Palermo lawyer Giovanni Rizzuti.

According to Italian media reports, Mr Mordiglia, from Genoa, is specialised in maritime and international law.

The captain of the Bayesian yacht chose not to respond to prosecutors’ questions as he was spoken to for a third time on Tuesday, his lawyer has said.

James Cutfield, a 51-year-old New Zealand national, is under investigation for possible manslaughter and culpable shipwreck charges.

“The captain exercised his right to remain silent for two fundamental reasons,” lawyer Giovanni Rizzuti told reporters. “First, he’s very worn out. Second, we were appointed only on Monday and for a thorough and correct defence case we need to acquire a set of data that at the moment we don’t have.”

Being placed under investigation does not imply guilt or mean that charges will necessarily follow. Chief prosecutor Ambrogio Cartosio has said his team would consider each possible element of responsibility including those of the captain, the crew, individuals in charge of supervision and the yacht’s manufacturer.

The Times reported one of Mr Cutfield’s lawyers as saying that the captain is “understandably very shaken up” after the ordeal last Monday.

Giselda Vagnoni has more in this report:

The sinking of the Bayesian off the coast of Sicily made headlines across the world, with interest rising when it was revealed that British technology tycoon Mike Lynch was among those onboard.

It then emerged that the boat trip was a celebration by Mr Lynch with friends, colleagues and his legal team after he won a decade-long legal battle.

Here we explain who was onboard the ship during the tragedy:

Hatches and doors left open overnight on the superyacht Bayesian may have caused it to sink in Italy, a sailing expert has said.

Sam Jefferson, editor of magazine Sailing Today, believes the vessel’s huge mast is also likely to have contributed to the deadly event.

Mr Jefferson told the PA news agency: “I would have said that the boat got hit very hard by the wind, it was pinned over on its side.

“I imagine all the doors were open because it was hot, so there were enough hatches and doors open that it filled with water very quickly and sank like that.

“The reason it got pinned over so hard was because the mast is huge.

“It acted almost like a sail. (It) pushed the boat hard over on its side.

“(The boat) filled with water before it could right.

“This is all speculation, but that’s the only logical explanation.”

Reports in Italy are emerging about the sunken Bayesian with divers from the coast guard beginning to film the wreck under the request of the prosecutor as the investigation gathers pace.

There are also concerns over the 18,000 litres of fuel and oil reportedly still on the boat.

Speaking to local outlet Corriere Della Sera, a fisherman said: “It is an environmental bomb at the bottom of our sea.”

In case you missed it over the bank holiday weekend, a mass for the victims of the Bayesian tragedy was held in Porticello on Sunday.

Flowers were also sent into the sea as a mark of tribute to those who died.

The Bayesian was built in 2008 by Perini Navi, an Italian luxury yacht maker. It featured the world’s tallest aluminium mast, measuring 72 metres, but early reports that the mast broke in the storm have so far proven unfounded.

Giovanni Costantino, CEO of the Italian Sea Group, which owns Perini, said the yacht was “one of the safest boats in the world” and basically unsinkable.

He alleged that the sinking was due to a chain of human errors given that the storm was expected. He made his assertions partly based on data from the Automatic Identification System. The captain and other crew members have not spoken publicly about the disaster and attempts by Reuters to reach them have been unsuccessful.

Costantino said that had the crew shut all doors and hatches, turned on the engine, lifted the anchor, lowered the keel and turned the yacht to face the wind, it would have suffered no damage.

He added that data showed it took 16 minutes from when the wind began buffeting the yacht, and it began taking on water, for it to sink.

The Bayesian was anchored off the port of Porticello, near Palermo, when it sank in the pre-dawn dark amid a very severe and sudden weather event.

Prosecutor Raffaele Cammarano said on Saturday the event was most likely a “downburst”, a very strong downward wind that is an intense but relatively frequent event at sea, rather than a waterspout which involves rotating winds like a tornado.

The coast guard have also said that given the weather forecast, there was nothing wrong about the Bayesian being moored offshore rather than at sheltering at port. Another yacht anchored nearby emerged from the storm unharmed.

Twenty-two people were on board, and 15 survived, including nine out of 10 crew members as well as Lynch’s wife, whose company owned the Bayesian. They were found on a life raft.

Six out of the 12 passengers died. Prosecutors, who have put the yacht’s captain James Cutfield under investigation for manslaughter and shipwreck, said the ship would have to be pulled out of the water before the investigation could be concluded.