Captain of lost superyacht is being investigated for manslaughter

The master of Bayesianthe luxury sailing yacht that sank off the coast of Sicily last week is now the subject of a criminal investigation for manslaughter. The notification does not necessarily mean he will be charged with a crime under Italian law, but it is a step toward possible prosecution.

New Zealander James Cutfield, 51, was champion of the Bayesian when the ship was caught in a severe thunderstorm off Porticello in the early hours of August 19. The ship was at anchor when the storm hit and Cutfield told the media: “We didn’t see it coming.”

Investigators believe the 180-foot sailing yacht encountered an extreme downdraft that caused it to sink, flood and founder. The crew of a nearby vessel reported that the Bayesian suddenly disappeared from view and disappeared from the AIS transmitter. 15 survivors were rescued from a life raft. Six passengers and the yacht’s cook died, and after an extensive and well-equipped dive, six bodies were recovered from the cabins inside the wreck.

Last weekend, prosecutors said they were particularly interested in finding out why six passengers on board the ship died while all deck and engine crew members managed to abandon ship and survive.

Ambrogio Cartosio, the regional prosecutor, said Saturday that his office had opened an investigation into possible charges of manslaughter and negligent navigation. “For me it is likely that crimes were committed, that it could be a case of manslaughter, but we can only determine that if you give us time to investigate,” Cartosio said.

The ship’s insurer plans to raise the wreck. Bayesian from the bottom, giving Italian authorities the chance to examine it for clues to the cause of the sinking. The yacht builder’s owner, Giovanni Costantino, CEO of Italian Sea Group, insists the yacht should have been “unsinkable”. In a series of interviews last week, he accused the crew of making “incredible mistakes” that “cry out for vengeance”. He suggested they may have left hatches open and left the ship’s lifting keel in the raised position rather than lowering it for maximum stability.

Prosecutors have so far refused to comment on any evidence the rescue divers may have seen on the seabed, delaying discussion of further details until after a thorough investigation.