Current NZ Skipper under manslaugher & shipwreck investigation over sinking of tech giant Mike Lynch's super yacht 'Bayesian' - Sicily

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Seven people are confirmed dead.

'Italian prosecutors have begun an official investigation of James Cutfield, captain of the super yacht belonging to British tech magnate Mike Lynch that sank off Sicily killing its owner and six others, Italian media said on Monday.

Reuters was not able to independently verify the decision. Being placed under investigation in Italy does not imply guilt and does not mean formal charges will necessarily follow.

A 51-year old New Zealand national, Cutfield is being investigated for manslaughter and shipwreck, the dailies La Repubblica and Corriere della Sera said.

While the yacht had been hit by a very sudden meteorological event, it was plausible that crimes of multiple manslaughter and causing a shipwreck through negligence had been committed, the head of the public prosecutor’s office of Termini Imerese, Ambrogio Cartosio, said on Saturday.

Maritime law gives a captain full responsibility for the ship and the crew, as well as the safety of all aboard.

Cutfield and his eight surviving crew have made no public comment yet on the disaster.'
Here's the full 90 minute Press Conference yesterday by Ambrogio Cartosio the Italian Prosecutor for this case.
Youtube has an auto-translate into English in its closed captions options.



This Daily Mail UK Article is an excellent starting point.

Although the much publicised waterspout claims have now morphed into just a thunderstorm downburst.

Along with initial reports that the yacht went down in 60 seconds, being debunked by later reports that the AIS data shows that the sinking took 16 minutes.


'Experts told the Mail that it is fairly standard for the keel not to be fully lowered while a ship is at anchor, but with storms forecast and portholes reportedly left open, it raises questions over the cause of the tragedy.

Prosecutors are seeking to speak with the ships' designers, after captain James Cutfield was questioned for two hours on Wednesday.

The company which manufactured the boat has now claimed human error was to blame.'
...
'This was human error, the yacht sank because it took on water. From where exactly the investigators will tell us. The dynamic of the sinking is seen and read from AIS (Automatic Identification System) data and lasted sixteen minutes.
We have given this data to the prosecutors at Termini Immerse.

From the images it looks as if the yacht had been taking on water for four minutes.

'All it took was another gust of wind to turn her over, that meant more water coming in. She then straightened very briefly before going down.'


Of the 22 on board the yacht when it sank in the early hours of the morning on 19 August 2024, seven died.
  • British Tech Entrepreneur Billionaire Genius Mike Lynch OBE & his 19yo daughter (Hannah Lynch)
  • Morgan Stanley chairman Jonathan Bloomer & his wife Judith Bloomer
  • Clifford Chance lawyer Christopher Morvillo & his wife Neda Morvillo
  • Canadian-Antiguan national Recaldo Thomas (yacht chef)

Shortly before this boating tragedy, Mike Lynch was found not guilty in a long running San Francisco trial by jury wire fraud, securities fraud and conspiracy case.

In relation to this criminal case, there was also a 2019 related parallel London successful civil action against Mike Lynch for fraud that Hewlett-Packard was successful with, with the resulting damages award still not resolved as at the time of Mike Lynch's death ($5 Billion was claimed).
 
Some more info from a 5:13pm update of the above OP article.

Interesting that the media appears to have dropped the reporting of the 75 metre high aluminium mast breaking as a possible prime cause of the sinking.

'Magistrates spoke to Cutfield on Sunday for the second time in a week, la Repubblica reported, questioning him for more than two hours. It said prosecutors may also investigate a crew member who was on duty when the storm hit and survived the incident.

The British-flagged Bayesian, a 56-metre-long super yacht, was carrying 22 people when it capsized and sank last Monday within minutes of being hit by a pre-dawn storm while anchored off northern Sicily.

...
“The Bayesian was built to go to sea in any weather”, Franco Romani, a nautical architect that was part of the team that designed it told daily La Stampa in an interview published on Monday.

He said it was likely the yacht had taken on water from a side hatch that was left open.

Romani said the crew underestimated the bad weather and that they should have made sure that all openings had been shut and the anchor removed before the storm hit the boat.

Reuters'
 
Some more details reported in the media about the Bayesian's black box data.

'Bayesian superyacht sinking: 'Black box' reveals last 16 minutes aboard doomed vessel
...
An AIS tracking system sends information from onboard boats to coastal stations, alerting officials to movement and distress. As part of a probe into just how the luxury 184ft yacht toppled and plunged to the bottom of the sea, killing at least six people, cops are analysing the data. It shows that at 3.50am on Monday the Bayesian began to shake "dangerously" during a fierce storm, Italian outlet Corriere reports.

Just minutes later at 3.59am the boat's anchor gave way, with a source saying the data showed there was "no anchor left to hold". After the ferocious weather ripped away the boat's mooring it was dragged some 358 metres through the water.

By 4am it had began to take on water and was plunged into a blackout, indicating that the waves had reached its generator or even engine room. At 4.05am the Bayesian fully disappeared underneath the waves.

An emergency GPS signal was finally emitted at 4.06am to the coastguard station in Bari, a city nearby, alerting them that the vessel had sunk.
....
Early reports suggested the disaster struck around 5am local time off the coast of Porticello Harbour in Palermo, Sicily. The new data pulled from the boat's AIS appears to suggest it happened an hour earlier at around 4am. Some 15 of the 22 onboard were rescued, 11 of them scrambling onto an inflatable life raft that sprung up on the deck.
...'
 

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My last post video refers to the below extensive article.

'Under consideration were also the approximately 32 minutes between when the 56-meter-long superyacht started taking in water and when a red flare was launched from a life raft at 4:38 last Monday, investigative sources said.'

'State attorneys on Monday meanwhile also questioned the other crew members of the Bayesian.
ANSA has learned that they were questioned at the Domina Zagarella resort where they are staying and that more people could be placed under investigation'
 
Wouldn't be surprised if the conclusion is that this unsinkable yacht that sunk, was sinkable.

Still waiting for the media reporting on this event to publish replays of the various weather radar graphics for the period of the event.

'Captain of Bayesian superyacht investigated for manslaughter and won’t answer questions yet'

'August 28, 2024 - 7:57PM
....
One of his lawyers said he opted not to answer questions from Italian prosecutors.

Mr Cutfield’s lawyer Giovanni Rizzuti told the media he is “very worn out” and chose to remain silent, 9News reports.

Mr Cutfield’s other lawyer, Aldo Mordiglia, said he was too “shaken up” to give a proper statement.

He told The Times: “He is understandably very shaken up, and secondly us lawyers were only appointed yesterday and we need to acquire information we do not have in order to defend him.”

He did say Mr Cutfield intends on cooperating with the investigation, but said he has a right under Italian law to remain silent until ready to speak.

The superyacht’s engineer British man Tim Parker Eaton is also under investigation by prosecutors, a judicial source told Reuters.

It is unclear what specific charges he faces.

A crew member who was also on duty may be investigated as well.

The probe will hone in on how a vessel deemed “unsinkable” by the manufacturer, Italian Sea Group, went under while a nearby sailboat was mostly unscathed during the freak weather event ...'
 
The young English night watchman has now been named as being the 3rd person under formal investigation.

'Bayesian sinking, new suspects. The captain of the sailing ship in tears: "I saved who I could"'

...
August 28, 2024 Updated at 3:25 PM
...
In addition to Commander James Cutfield, a notice of investigation has been sent to the engineer officer Tim Parker Eaton, a 56-year-old Englishman, and to the 22-year-old English sailor Matthew Griffith who was on watch the night of the disaster.
...
he could not contain his emotions and burst into tears. He is now waiting for the release of a copy of his passport to leave Italy, since he is not required to remain at the disposal of the judicial authorities.
...
According to those close to him, the man has been repeating for several days that he has done everything to save as many people as possible.
...
further registrations will have to be formalized when the autopsy is assigned, to give the suspects the opportunity to nominate experts and consultants for the unrepeatable investigations. Among them could be the first officer Tijs Koopman and the sailor who was on watch the night of the shipwreck. And it is not excluded that assessments will also be made regarding the shipping company and the one that managed the vessel.


Is it possible someone forgot to close the shell door in the hull?
'Stephen Edwards, who commanded the Bayesian from 2015 to 2020, does not believe in the hypothesis that the hatch was left open, an error that would be attributable to the crew. For him, the hatch on the left side was "100% not open". The Bayesian, he is convinced, "has gone beyond its operational limits".'

In other words, from what is reported in the youtube video I posted in here yesterday, I assume that Edwards means that the boat was keeled over at an angle that was beyond the limit of what the boat could safely withstand without risking taking on so much water that would result in a catastrophic failure of the boat, and it's sinking.
 
The Captain was supposed to go down with the ship?

'The Commander of the Bayesian as [was like the Costa Concordia's shipmaster named Francsco Schettino] Schettino. “He Abandoned the Passengers of the Sailing Ship”'

'August 27, 2024 Updated at 08:27
...
[Stephen Edwards, a former Commander of the Bayesian reckons]
James Cutfield failed to prevent the shipwreck, he raised the alarm with a clear and inexplicable delay, he did not do everything he had to to save as many guests as possible, he moved away from the sinking ship while six passengers out of twelve and the cook were missing. A total of seven deaths out of twenty-two people on board: the commander of the Bayesian is now formally responsible for these lost lives, him and not only him.

Other suspects could be added to the list drawn up by the Termini Imerese Prosecutor's Office, which yesterday sent investigators from the Palermo Coast Guard to formally identify other members of the crew: apart from the three hostesses on board, whose role appears marginal, everyone could have to explain why, during the sudden storm that hit the Porticello harbour, nine out of ten crew members managed to escape, why the openings of the 56-meter vessel owned by Mike Lynch (who died in the shipwreck with his eighteen-year-old daughter Hannah and five other people) were in all likelihood not completely sealed, why the centerboard was more than half retracted, which would have taken away stability from the ship
...

among the very first things to explain would be why, despite the storm having broken out around 3:50, the alarm with the first rocket had gone off almost an hour later, at 4:34. The ship had entered a very serious crisis very early: the storm, the violent and sudden downburst, had unleashed winds at one hundred miles an hour, had caused the Bayesian to drift, to spin on itself, until the sinking, which occurred at 4:06, after 16 terrible minutes of agony. Why the alarm only after another 28 minutes?

Why were five of the seven victims, Lynch, Morvillo, Bloomer and the wives of the latter two, all in the same cabin and not helped to get out?
...

The prosecutors know – thanks to underwater investigations by firefighter divers – if and what was open in the hull: the tender compartment is the main suspect, the watertight doors did not work properly, causing the nearby engine room to flood and sending the electrical system haywire, which made the boat unmanageable. For this reason, in addition to the Dutch first officer Tijs Koopmans, the Englishman Tim Parker Eaton, who had the role of engineer officer, is also in the sights of the investigators. There was also a sailor on watch and he did not raise the alarm about the violence of the storm. It is to them that the notices of investigation from the Prosecutor's Office could be extended.
...
Did the survivors perhaps hope to find all those who were no longer responding in the sea? And could the commander save himself without trying to save the others? The divers went back to the water yesterday: they were looking for more evidence, they had to take more photos to contest with the suspects.
...
 
The now under investigation British Chief Engineer for the Bayesian has reportedly been working on the yacht since just before the Lynch family bought it in 2014.


'A defence source told MailOnline: 'This investigation will take many, many months and for a start it will have to wait until the Bayesian is raised from the seabed which may not happen until October.'
...
Mr Parker-Eaton has long been associated with the 2008-built Bayesian, serving as its chief engineer from 2013, when it was known as Salute.

In 2014, the boat was purchased by a company owned by Mike Lynch's wife Angela Bacares and the name was changed to Bayesian.

He was closely involved in the installation of its 75m (246ft) aluminium mast, The Times reported last week.
...
Mr Cutfield and the surviving crew were expected to fly out of Palermo later today on an executive jet that was due to land from Majorca.

He and the others are based on the Spanish island
...'
 
Posted by Stephen Edwards, the former captain of the Bayesian 4 days ago.

This case is being closely watched worldwide by the yachting community for it's effect on yacht design, operations, and operating instructions.

I'm an ex yachtie skipper/crew (in a swing/fully retractable keel yacht), hence my extra interest in this case.


2 pages
...
5. Summary
The vessel Bayesian was sound and seaworthy by design, and to my knowledge well maintained as such.

However heeling her to more than around 45 degrees while in normal operational state could result in flooding and subsequent loss if the flooding could not be controlled.

The weather conditions that could have created these extreme circumstances can indeed occur with very little warning and being so localised are difficult to prepare for, leaving a very short time for the crew to react.

How the vessel came to be taken outside her operation limits is what the investigators will need to determine, which I’m sure they will.'
 
A very good read.
I've used my one of my subscription shares to post but it might only last 30days before disappearing.
The latest on the Bayesian:

 

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Current NZ Skipper under manslaugher & shipwreck investigation over sinking of tech giant Mike Lynch's super yacht 'Bayesian' - Sicily

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