Mike Lynch: Captain Of Bayesian Yacht Declines To Talk

The legal fallout from the death of British tech entrepreneur and former Autonomy CEO Mike Lynch, his 18 year-old daughter, and five other people, has begun this week.

Italian authorities on Monday began a manslaughter and negligent shipwreck investigation of the captain of the super yacht Bayesian. Investigators are focusing on how a vessel deemed “unsinkable” by its manufacturer sank while a nearby sailing boat remained largely unscathed.

New Zealander James Cutfield, 51, was captain and in charge of the 10 man strong crew aboard the 56-meter (184-foot) sailing boat when it capsized during a sudden storm in the early hours of Monday 19 August, killing seven passengers, including Dr Mike Lynch.

Causes of sinking

The YouTube channel eSysman SuperYachts, whose host has over 2 decades of working on super yachts, has been expertly tracking and analysing the official investigation and the possible reasons for the sinking of the supposedly “unsinkable” vessel.

Possible causes reportedly being investigated is whether certain hatches or access doors were left open during the severe weather.

But as eSysman has pointed out in previous videos, this is likely prove difficult to establish as the crew (all of whom survived the sinking), were reportedly on deck getting outside items into cover indoors during the adverse weather event, (which may have required some doors, hatches to be opened).

The YouTube channel has also noted it is allegedly fairly commonly practice to run superyachts with a limited number of ship trained crew, putting pressure on all concerned.

Whilst the 10 person strong crew onboard the Bayesian may sound sufficient for the 12 guests – when crew members dealing with the guests such as cooks, cleaners, waitresses and other personnel are factored in, it often leaves a limited number of ship qualify personnel to actually handle the vessel.

It has also been alleged that it is very rare for rich yacht owners and their guests to take part in emergency evacuation exercises, which are commonly mandated by marine authorities.

Italian investigation

In the latest video update on the state of the investigation by the Italian authorities, eSysman quoted local media outlets as saying that on Tuesday expert kiwi captain James Cutfield (who is not in custody) pleaded “no contest” and declined to reply to questions from prosecutors.

“The captain exercised his right to remain silent for two fundamental reasons,” lawyer Giovanni Rizzuti was quoted as telling reporters in other media outlets. “First, he’s very worn out. Second, we were appointed only on Monday and for a thorough and correct defence case we need to acquire a set of data that at the moment we don’t have.”

Other media outlets have also reported that two British crew members have also been questioned.

It is reported that ship engineer Tim Parker Eaton and sailor Matthew Griffith are being investigated over allegedly failing to protect the yacht’s engine room and operating systems.

Salvage crews are expected to raise the Bayesian in the coming weeks. After the yacht is raised, investigators will determine if the hatches were open during the storm.

Italian prosecutors will also investigate whether the ship’s chief mate was on the bridge when the ship sunk, and if anyone tried to warn the passengers of imminent danger.

Giovanni Costantino, CEO of The Italian Sea Group (owner of the flagship brand Perini Navi), last week blamed the Bayesian’s crew for the “incredible mistake” of not being prepared for the storm, which had been announced in shipping forecasts.