The captain of the luxury Bayesian yacht, which sank near Porticello off the coast of Sicily last week, is now facing possible charges including manslaughter and negligent shipwreck, the Italian prosecutor’s office announced on Monday.
James Cutfield, a 51-year-old New Zealand national, was the head of the crew aboard the 184-foot-long superyacht when it capsized after being hit by a tornadic waterspout during a storm on August 19. He was one of the fifteen people rescued, while authorities have since identified the seven people who tragically died.
According to authorities, there were 22 people aboard the yacht, including 12 passengers and 10 crew members.
Among the victims were British tycoon Mike Lynch and his 18-year-old daughter, Hannah, as well as the yacht’s chef, Recaldo Thomas. The other victims included Morgan Stanley International director Jonathan Bloomer, prominent American lawyer Chris Morvillo, and both of their wives—Judy Bloomer and Neda Morvillo.
Lynch’s wife, Angela Bacares, was one of the individuals who was rescued.
Chief prosecutor Ambrogio Cartosio confirmed on Saturday that an investigation had been launched to examine each possible element of responsibility, including those of the captain, the crew, individuals in charge of supervision, and the yacht’s manufacturer.
Cutfield is now under investigation for “negligent shipwreck and multiple counts of negligent homicide,” according to the Italian news agency Ansa.
Although not in custody, Cutfield is prohibited from leaving Italy while the investigation is ongoing. Maritime law holds a captain fully responsible for the ship, crew, and all on board.
On August 25, he was questioned by prosecutors from the Termini Imerese Prosecutor’s Office for the second time in a week, with the inquiry focusing on the position of the keel, whether the hatch was open, and when an alarm was raised amid the worsening weather conditions.
Under Italian laws, being under investigation doesn’t imply any guilt, and doesn’t necessarily lead to criminal charges.
On Thursday, August 22, according to CNN, Giovanni Costantino, leader of The Italian Sea Group, raised concerns about how those on board the “Bayesian” yacht failed to notice the brewing storm and the issues with the supposedly “unsinkable ship.”
“Everything that happened reveals a series of significant errors. The passengers should not have been in the cabins, and the boat should not have been at anchor. Why didn’t the crew know about the incoming disturbance?”