The captain of the sunken Italian yacht is under investigation. Is he responsible for the tragedy?

The captain of a sunken Italian yacht is under investigation after an accident off the coast of Sicily last week in which seven people died and 15 survived.

50-year-old New Zealander James Cutfield was first officer of the British-flagged yacht Bayesianwhich sank on Monday, August 19, during a storm in the Tyrrhenian Sea near the Sicilian port of Porticello.

He has been questioned several times by Italian authorities, a source close to the investigation previously told PEOPLE. According to Ambrogio Cartosio, the attorney general of Termini Imerese, police have opened an investigation into manslaughter and negligent shipwreck in connection with the sinking of the ship.

Although he is the focus of investigators, his actual guilt in the tragedy remains unclear, as Italian lawyer and legal expert Praxilla Trabattoni explains in this Q&A. (Trabattoni is also a guest writer at PEOPLE.)

What does the interrogation of Cutfield mean?

Cutfield’s questioning does not immediately mean that he will be brought to trial, Trabattoni says, as this type of investigation is common in such incidents.

This and similar cases require a preliminary investigation during which authorities notify the parties involved so that they can appoint their own forensic and legal teams to participate in the investigation, which in this case includes the autopsy of the victims.

Is Cutfield arrested?

Although Cutfield is under investigation for negligent ship handling and homicide, he is not under arrest. To arrest him in court – as in the Amanda Knox case in 2007 – prosecutors must meet certain criteria.

“First, the crime must carry a sentence of at least five years,” says Trabattoni. “Second, there must be serious evidence of guilt.”

Third, prosecutors must be concerned that the alleged defendant poses a risk of falsifying evidence or fleeing and could commit a similar crime.

Is there a precedent for such a case?

This type of investigation is not entirely new territory.

Trabattoni notes similarities with the 2012 capsizing of the Costa Concordia off the Tuscan island of Giglio, in which 32 people died and 4,200 survived, as previously reported by the Associated Press and BBC.

Francesco Schettino, the captain of that ship, was later sentenced to 16 years in prison on charges similar to those that Cutfield may face, media reports say. The search and rescue of the Bayesian is being carried out by the same crew that helped with the Costa Concordia disaster, she says.

But there is still a long way to go before Cutfield suffers a similar fate – including a watertight indictment.

How could the authorities prove the captain’s guilt?

Prosecutors must prove beyond a reasonable doubt that the captain’s actions or omissions caused or contributed to the tragedy, Trabattoni says. They can do this by examining the boat and checking whether the statements of survivors and witnesses match the evidence found.

For example, if the captain had heard about the weather warning and failed to deploy the stabilizer, if he had decided not to enter a port that would have offered him a safe harbor, or if he had failed to ensure that all doors were closed at night, these behaviors would have contributed to the tragedy, says Trabattoni.

Prosecutors are also legally required to look for evidence not only against the party but also in favor of the accused, which requires a careful investigation of the case, she says.

What could Cutfield say in his defense?

The captain must prove that he behaved during and after the tragedy and fulfilled his duties and obligations, says Trabattoni. The question also arises: could he have done anything to save lives?

He could also claim that it was an unforeseeable and unpredictable weather phenomenon and there was nothing he could have done to prevent a disaster, she says. He could also claim that there was a design or manufacturing defect in the ship.

Are the other surviving crew members to blame?

Several crew members are now under investigation, local news agencies Rai, Adnkronos and Sky Italia report. One of them is the yacht’s first mate, Tijs Koopman, who has been asked not to leave the Sicilian city of Palermo so that he can be questioned. The Sera Corriere and television station TG La7.

“What often happens, and what in the Costa Concordia “The case is that those lower in the pecking order collude and explain everything that happened,” says Trabattoni. This usually means that the captain gets the brunt of the blame and therefore receives a harsher punishment, she adds.

“Maritime law dictates that the captain has command and responsibility for the boat, crew and all persons sailing with him, so the ultimate responsibility and liability lies with him,” she says.

Several well-known figures were killed in the accident. Authorities identified them as British technology entrepreneur Mike Lynch and his daughter Hannah Lynch, the yacht’s chef Recaldo Thomas, prominent New York lawyer Christopher Morvillo and his wife Neda, and Morgan Stanley International CEO Jonathan Bloomer and his wife Judy.

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