Superyacht latest: Diver speaks of ‘unbearable’ search for Mike Lynch’s daughter

Bayesian captain ‘exercised right to silence’ in manslaughter probe questioning, lawyer says

The captain of the Bayesian yacht chose not to respond to prosecutors’ questions as he was spoken to for a third time on Tuesday, his lawyer has said.

James Cutfield, a 51-year-old New Zealand national, is under investigation for possible manslaughter and culpable shipwreck charges.

“The captain exercised his right to remain silent for two fundamental reasons,” lawyer Giovanni Rizzuti told reporters. “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.”

Being placed under investigation does not imply guilt or mean that charges will necessarily follow. Chief prosecutor Ambrogio Cartosio has said his team would consider each possible element of responsibility including those of the captain, the crew, individuals in charge of supervision and the yacht’s manufacturer.

The Times reported one of Mr Cutfield’s lawyers as saying that the captain is “understandably very shaken up” after the ordeal last Monday.

Three people are being investigated by the Italian authorities for manslaughter after the sinking of the Bayesian yacht off the coast of Sicily.

On Monday, the boats 51-year-old captain James Cutfield, from New Zealand, was put under investigation. He declined to respond to prosecutors during questioning on Tuesday

Two British crew members are now also being investigated. Ship engineer Tim Parker Eaton and sailor Matthew Griffith are being investigated over the same crimes.

A source told Reuters that Parker Eaton is suspected of having failed to protect the yacht’s engine room and operating systems.

Being investigated does not imply guilt and does not mean formal charges will follow.

The captain of Mike Lynch’s yacht flew out of Palermo on Thursday, 10 days after the vessel sank off the coast of Sicily.

James Cutfield left the Sicilian capital on a private jet, an investigative source told Reuters, adding the destination of the flight was unknown.

Mr Cutfield, a New Zealander, lives with his wife in Palma on the Spanish island of Mallorca.

Mr Cutfield was put under investigation for manslaughter and shipwreck earlier this week and declined to answer questions from prosecutors on Tuesday.

Two other crew members were placed under investigation on Wednesday.

A court-appointed armed guard, tasked with ensuring Mike Lynch did not abscond while facing fraud charges, has paid tribute to the tech mogul, saying the security team “became less of a detail and more like a family”.

Rolo Igno also described “the memory of a beautiful soul” in Mr Lynch’s daughter Hannah, 18.

Mr Igno said he had the “privilege” of spending “almost every waking moment” with Mr Lynch while he was in custody in San Francisco, describing the detail as unlike any other he had ever worked and one that was “life changing”.

“As an executive protection agent, the number one rule is simple, don’t ever get close to the principal,” he said.

“They aren’t your friends, they’re a client and the relationship is strictly professional. But with Mike, that didn’t fly with him and for me that rule quickly dissolved.”

From the sheer size of the mast (74 metres, roughly the size of seven two-storey houses stacked on top of each other) to the expense (Bayesian was put up for sale in 2014 with an asking price of $30m, which is around £23m), to the sheer luxury (the interiors were by Remi Tessier, the designer behind Claridge’s new penthouse), it’s a world few people normally get to see.

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It was supposed to be a summer celebration.

British tech tycoon Mike Lynch had gathered his tried and trusted lawyers who had been with him every step of the way helping him emerge unscathed from a gruelling 13-year legal battle. Twelve guests had flown into the picturesque Italian port of Porticello, near Palermo from the UK, the US, Canada, New Zealand and Ireland, to mark the end of the fraud trial that had consumed much of their lives.

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British tech tycoon Mike Lynch was among seven people who died after the luxury superyacht Bayesian sank off the coast of Sicily early on Monday morning

The 59-year-old is known for founding Invoke Capital and Autonomy Corporation and had been in the headlines after he was cleared of charges in a high-profile fraud case.

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Maritime director of western Sicily Rear Admiral Raffaele Macauda said there was nothing to suggest such an extreme situation would arise.

He told a press conference that there was no tornado alert in place at the time.

Mr Cammarano added that the yacht had been hit by a downburst, which are powerful winds that descend from a thunderstorm and spread out quickly once they hit the ground.

Officials said they would be looking at how it could so badly affect the Bayesian, and not other nearby vessels.

Hatches and doors left open overnight on the superyacht Bayesian may have caused it to sink in Italy, a sailing expert has said.

Sam Jefferson, editor of magazine Sailing Today, believes the vessel’s huge mast – the tallest in the world, at 72 metres – is also likely to have contributed to the deadly event.

Mr Jefferson told the PA news agency: “I would have said that the boat got hit very hard by the wind, it was pinned over on its side.

“I imagine all the doors were open because it was hot, so there were enough hatches and doors open that it filled with water very quickly and sank like that.

“The reason it got pinned over so hard was because the mast is huge. It acted almost like a sail. [It] pushed the boat hard over on its side.

“[The boat] filled with water before it could right. This is all speculation, but that’s the only logical explanation.”