Italian prosecutors have launched an investigation into the captain of the superyacht that sank during a storm off the coast of Sicily last week, resulting in seven fatalities. The captain, James Cutfield, a 51-year-old New Zealander, is suspected of possible manslaughter and shipwreck, according to his lawyer Aldo Mordiglia.
Cutfield was one of the 15 people on board the 56-meter yacht, Bayesian, which sank on Sunday, August 19, after being struck by a severe storm while anchored near Porticello, close to Palermo. Among the victims were British tech mogul Mike Lynch, his 18-year-old daughter Hannah, and five others.
Lawyer Mordiglia stated that Cutfield is scheduled to be questioned by prosecutors on Tuesday. He had previously been interviewed shortly after the incident, during which other crew members also provided their testimonies on Monday. Under Italian law, being under investigation does not necessarily imply guilt, and formal charges may not be filed.
According to maritime law, the captain holds full responsibility for the vessel, the crew, and all individuals aboard. The chief prosecutor, Ambrogio Cartosio, confirmed on Saturday that the investigation has commenced and aims to consider all possible aspects of liability. This includes the captain’s and crew’s responsibilities, as well as those of the individuals tasked with overseeing the yacht and the subcontractor, the Italian shipyard Perini Navi.
Investigators are focusing on how a boat that had been labeled as “unseaworthy” by its manufacturer sank while a nearby yacht remained largely unscathed. Prosecutors have described the incident as “extremely rapid” and mentioned the possibility of a “downburst”—a localized and powerful wind that descends from a thunderstorm and spreads quickly upon contact with the ground.
The investigation is expected to require considerable time and involve the recovery of the wreck from the seabed. The Bayesian is currently resting on its side at a depth of approximately 50 meters.
Lynch, 59, had invited friends and family for a vacation on the Bayesian to celebrate his recent acquittal in a fraud case involving $11 billion related to the sale of his software company Autonomy to Hewlett-Packard. Other victims included Christopher Morvillo, one of Lynch’s American attorneys, along with his wife, Neda; Jonathan Bloomer, chairman of Morgan Stanley’s London-based investment bank, and his wife, Judy; as well as Recaldo Thomas, the yacht’s chef.