Lost Superyacht's Master Faces Manslaughter Investigation

Italian rescue divers prepare to search the wreck of the Bayesian (Courtesy Vigili del Fuoco)

Published Aug 26, 2024 8:44 PM by The Maritime Executive

 

 

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

New Zealand national James Cutfield, 51, was master of the Bayesian when the vessel was hit by a severe thunderstorm off Porticello in the early hours of August 19. The vessel was at anchor at the time the storm hit, and Cutfield told media that "we didn't see it coming."

Investigators believe that the 180-foot sailing yacht encountered an extreme downdraft, resulting in a knockdown, flooding and sinking. The crew of a nearby vessel reported that the Bayesian disappeared suddenly from view and dropped off AIS. rescued 15 survivors from a liferaft. Six passengers and the yacht's chef died, and after an extensive and well-resourced dive effort, six bodies were recovered from cabins inside the wreck.

Last weekend, prosecutors said that they are particularly interested in determining why six passengers died inside the vessel when all deck and engineering crewmembers managed to abandon ship and survive. 

Ambrogio Cartosio, the regional prosecutor, said Saturday that his office has opened an investigation into possible charges of manslaughter and negligent shipwreck. “For me, it is probable that offenses were committed, that it could be a case of manslaughter, but we can only establish that if you give us the time to investigate," Cartosio said. 

The vessel's insurer plans to raise the wreck of the Bayesian from the bottom, giving Italian authorities the opportunity to examine it for clues to the cause of the sinking. The owner of the yacht's builder, Italian Sea Group CEO Giovanni Costantino, insists that the yacht should have been "unsinkable." In a series of interviews last week, he blamed the crew for making "incredible mistakes" that "cry out for vengeance." He suggested that they may have left hatches open and kept the vessel's liftable keel in the raised position, instead of lowering it for maximum stability. 

Prosecutors have so far refused to discuss what evidence the rescue divers may have seen at the bottom, and have put off any discussion of further details until after a thorough investigation.