A luxury yacht that sank in a storm off the coast of Sicily last week, killing British tech magnate Mike Lynch and six others, has been charged with manslaughter and shipwreck, Italian media reported. has been kept under investigation.
The 56-metre (184 ft) superyacht Bayesian, carrying 22 passengers, capsized off the coast of the fishing village of Porticello near Palermo in the early hours of August 19. It is believed to have been hit by a strong wind associated with the storm.
Lynch and his 18-year-old daughter Hanna were among the dead. Fifteen people survived, including Lynch's wife, whose company Bayesian owned.
On Sunday, prosecutors questioned James Cutfield, 51, of New Zealand, Bayesian's captain, for a second time. At the end of the investigation, the investigators asked him to appoint a lawyer.
Notices need to be sent to people under investigation before authorities can conduct an autopsy. Autopsies on the seven drowning victims will be conducted at the Institute of Forensic Medicine at the Policlinico Hospital in Palermo, sources said.
Being under investigation in Italy does not constitute a crime and does not mean that formal charges must be pursued.
“Our client is deeply affected by the ordeal,” one of Cutfield's lawyers, Giovanni Rizzotti, told the Guardian on Monday, noting that the captain will face further questioning by prosecutors on Tuesday. “We are currently reviewing the defense strategy and technical aspects of the case, along with other legal representatives.”
Cutfield may not be the only person under investigation. Other staff members may also be questioned. Prosecutors at Termini Emirates declined to comment when contacted by the Guardian.
The surviving passengers, including Lynch's wife, Angela Bequeriz, left Sicily on a private jet on Sunday. The yacht's crew members remained on the island and may face further questioning by prosecutors in the coming days.
The prosecutor's office is reviewing videos and photos taken by locals on the night of the storm, as well as surveillance camera footage. In recent times, the Coast Guard has visited all private homes and public places with surveillance cameras.
Experts wonder how Bayesian sank in 60 seconds. Investigators suspect the crew may have underestimated the storm's intensity and left a hatch on the plane open. This oversight caused the boat to capsize and quickly sink due to waves crashing over the ocean.
Italian officials said it would be difficult to fully investigate the sinking if the wreckage was not recovered.
The wreck lies at a depth of 50 meters in the Gulf of Porticello, which is being monitored by Italian authorities. Its restoration work is not expected to begin until October.
Ambrogio Cartosio, head of the prosecutor's office in Termini Imerese, said: “It is in the interest of the ship's owners and managers to save it,” adding that “they have assured their full cooperation”.
Officials suggested that the passengers who died may have been asleep, “while the rest who survived were not”.
Among those who died along with Lynch and his daughter were the yacht's chef, Riccardo Thomas, Morgan Stanley International bank chair Jonathan Blumer and his wife, Judy, Clifford Chance attorney Chris Morvalio and his wife Nida.
Four investigators from the UK government's Marine Accident Investigation Branch have arrived in Sicily to conduct an inquiry that could help gather information for insurance companies and victims' lawyers.
Sarah Allen, yacht specialist and partner at Penningtons Manches Cooper, said: “Having looked at everything we can see the flag states recommendations are good. It will be a reminder to many skippers to prepare for the storms ahead. So review your safety protocols, and the insurance market will look closely at any findings as part of their loss prevention and risk management.
He added that the incident was unprecedented in terms of the suddenness of the storm, the size of the ship and the speed at which it sank. “However, as with any incident, lessons will be learned.”