Did Crew Negligence Contribute to Superyacht Sinking? Investigators Probe Fatal Disaster

[Social Media]

 

In the wake of a tragic maritime disaster off the coast of Sicily that claimed the lives of seven people, including British tech tycoon Mike Lynch and his 18-year-old daughter Hannah, prosecutors have launched a manslaughter investigation. The central question is whether the crew of the superyacht, named "Bayesian", failed to adequately warn passengers that the vessel was sinking during a violent storm in the early hours of Monday morning.

Things That Don't Make Sense About The #Bayesian Superyacht Disaster pic.twitter.com/Etq55JOTG4

— Grunge (@GrungeHQ) August 23, 2024

 

The sinking of the Bayesian, a 184-foot-long luxury yacht, has shocked both the maritime community and the public. While all but one of the crew members survived, six passengers perished in the disaster, sparking intense scrutiny over the actions of the crew during the critical moments when the storm struck. Prosecutors are now considering charges of multiple manslaughter and negligence, as they seek to understand whether the deaths could have been prevented.

 

Raffaele Cammarano, one of the two prosecutors leading the investigation, revealed that investigators are particularly focused on whether the crew took sufficient steps to alert the passengers, who were reportedly sleeping in cabins below deck when the storm hit. "The passengers were asleep below deck and the others weren’t," Cammarano said, indicating a potential failure in communication or protocol. He added, “That’s precisely what we’re trying to ascertain from the statements made by the survivors,” when asked whether Mr. Lynch and his guests were warned of the approaching storm.

 

The timeline of events is critical to the investigation. Data from the yacht’s Automatic Identification System (AIS) shows that the storm hit the Bayesian at approximately 3:50 a.m. as it was anchored off Porticello, on Sicily’s northern coast. Shockingly, the vessel sank just 16 minutes later, at 4:06 a.m., a rapid descent that has left marine experts baffled. The speed at which the yacht was overcome by the storm has raised questions about the integrity of the vessel and the actions of those on board.

 

Ambrogio Cartosio, the chief prosecutor in the case, emphasized the gravity of the situation at a press conference on Saturday. He announced that the investigation would explore the possibility of charges related to multiple manslaughter and causing a shipwreck through negligence, though no individuals have been charged as of yet. “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 stated, underscoring the seriousness of the allegations.

 

What should have happened to the yacht:

Why did the $39m Bayesian superyacht capsize?

RESURFACED clip from a 2019 tornado shows what SHOULD happen in when a yacht with a similar mast style was hit by a waterspout.

The clip shows rather than capsizing, the mast quickly flips straight back up to its upright position. pic.twitter.com/UmqUuRQM8L

— Daily Mail Online (@MailOnline) August 22, 2024

 

 

The investigation has also turned its attention to the survivors, including the yacht’s skipper, New Zealander James Cutfield. Cutfield, described by his brother as “a very good sailor” who is “very well respected” throughout the Mediterranean, has been questioned by authorities along with other survivors. Their testimonies are expected to shed light on the sequence of events leading up to the tragedy and the actions taken by the crew as the situation deteriorated.

 

One of the most perplexing aspects of the disaster is the speed at which the *Bayesian*, a yacht constructed in 2008 by the renowned Italian manufacturer Perini Navi, sank. Experts in marine engineering are puzzled by how such a large and presumably well-built vessel could succumb so quickly to the storm. Compounding the mystery, a nearby large yacht, also anchored off the coast, weathered the storm without incident and later assisted in rescuing the survivors from the Bayesian.

 

As part of their investigation, prosecutors have announced plans to recover the Bayesian from where it now lies on the seabed, about half a mile off the coast and at a depth of 165 feet. The recovery operation is expected to provide crucial evidence about the state of the vessel and the possible causes of its rapid sinking. 

 

The tragedy has sent shockwaves through the maritime industry and raised important questions about the safety protocols on luxury yachts, particularly in how crew members respond to sudden and severe weather conditions. If the investigation reveals that the crew failed in their duty to protect the passengers, the case could have significant legal and regulatory implications for the yachting world.

 

For the families of the victims, including the relatives of Mike Lynch and his daughter, the investigation represents a painful but necessary pursuit of justice. The answers that emerge will not only determine whether charges will be brought against the crew but may also lead to changes in the safety standards that govern the operation of large private yachts. In the meantime, the memory of those lost in the *Bayesian* disaster continues to cast a long shadow over this summer’s sailing season.

 

Credit: Daily Telegraph 2024-08-25

 

 

 

Get the ASEAN NOW daily NEWSLETTER - Click HERE to subscribe

[thaibeachlovers]

It's a pity that the authorities didn't carry out an investigation before ranting on about prosecuting the crew.

 

One wonders if it is because the owner was a rich man, and if it was a yacht belong to Joe Average they might wait before threatening to put people in jail.

[300sd]

Mast too tall. Possible drop keel was up and the vessel was unstable and obviously top heavy. Other vessels anchored near by had no problem. Blame the crew if they put the keel up!

[stevenl]

1 hour ago, thaibeachlovers said:

It's a pity that the authorities didn't carry out an investigation before ranting on about prosecuting the crew.

 

One wonders if it is because the owner was a rich man, and if it was a yacht belong to Joe Average they might wait before threatening to put people in jail.

They announced an investigation. They could also have said nothing and started the investigation, which would have lead to people complaining no investigation was being carried out.

[thaibeachlovers]

1 minute ago, stevenl said:

They announced an investigation. They could also have said nothing and started the investigation, which would have lead to people complaining no investigation was being carried out.

Apparently you didn't notice the bit about threatening to prosecute the crew, when they have not even had a investigation yet.

 

Next.

[stevenl]

14 minutes ago, thaibeachlovers said:

Apparently you didn't notice the bit about threatening to prosecute the crew, when they have not even had a investigation yet.

 

Next.

They gave the information available. It may lead to prosecution, maybe not. They're also going to recover the vessel, i would presume to also check the build, general state of the vessel and actions taken before the sinking.

[stevenl]

More information here.

https://www.theguardian.com/world/article/2024/aug/23/ive-never-seen-a-vessel-this-size-go-down-so-quickly-why-did-the-bayesian-sink-in-60-seconds-mike-lynch

If correct and a latch was left open and the keel not completely down 300sd may be totally correct.

[stevenl]

Insight from a former captain.

https://www.sailingscuttlebutt.com/2024/08/27/former-bayesian-captain-offers-insight/

[Tug]

47 minutes ago, stevenl said:

Insight from a former captain.

https://www.sailingscuttlebutt.com/2024/08/27/former-bayesian-captain-offers-insight/

Thanks for the link very informative factual no nonsense a sad incident my condolences to the bereaved 

[MicroB]

On 8/25/2024 at 9:37 AM, thaibeachlovers said:

Apparently you didn't notice the bit about threatening to prosecute the crew, when they have not even had a investigation yet.

 

Next.

 

Its a fairly standard approach to health and safety that only the Anglo-Saxon world finds peculiar.

 

In Continental systems, its is usual for Prosecutors to lead an investigation. In the UK, the Police or HSE would investigate, and present to the CPS. The CPS will then decide if it is in the public interest to prosecute, and generally only proceed if they think they can secure a verdict (which is why most people in court are found guilty).

 

Police criminal investigations are a bit different from HSE. The police will determine ifa crime occurred. The HSE will take the view that an accident will always have fault; someone is liable, to differing degrees. And often their investigations will have no defence because of statutory requirements. HSE investigations can also be supranational, beyond the UK borders. The defence is usually mitigation.

 

If the UK had a continental system, we wouldn't have had Grenfill still standing as a blacked ruin all these years later. Liable parties would have been placed on notice much earlier on. Instead the early reaction was about the colour of the local council, because people were filling in gaps themselves, in the absence of direction from the authorities.

 

The Italian system means that if he went to work for Ferrari, Adrian Newey will likely never step foot in Italy.

 

Different legal systems can puzzle people. In the UK, we went up in arms when the US extradited and threw in prison Natwest executives during an investigation. A Taiwanese friend was genuinely surprised that Nick Leeson wasn't executed by Singapore. The motoring world was aghast that Carlos Ghosh was held in solitary in Japan while awaiting trial, and had to escape to Lebanon. The English are surprised about trial without jury until its pointed out to them abotu Diplock courts in Northern Ireland. And then in Thailand how suspects (innocent until proven guilty) are paraded by the police and made to re-enact their supposed crimes.

 

I think in the case of the Bayesian, there is information emerging that casts doubt on the immediate Anglo-Saxon thinking, that there was a terrible storm, and accident. A UK investigation would probably arrive at the same conclusion, but first would be engaged in determining if an offence had occured, rather than if an offence had not. The HSE is more akin to the latter.

[nauseus]

On 8/25/2024 at 8:06 AM, thaibeachlovers said:

It's a pity that the authorities didn't carry out an investigation before ranting on about prosecuting the crew.

 

One wonders if it is because the owner was a rich man, and if it was a yacht belong to Joe Average they might wait before threatening to put people in jail.

 

I don't see them prosecuting anyone as yet. The investigation is ongoing and will certainly have to include interviewing the crew. 

[nauseus]

On 8/25/2024 at 8:16 AM, 300sd said:

Mast too tall. Possible drop keel was up and the vessel was unstaile and obviously top heavy. Other vessels anchored near by had no problem. Blame the crew if they put the keel up!

 

All the physical features, weights and measures of the boat would have had to be surveyed for vessel certification.

 

Apparently the keel was up but that was standard and allowed for the particular situation that night.

 

 

[300sd]

6 hours ago, nauseus said:

 

All the physical features, weights and measures of the boat would have had to be surveyed for vessel certification.

 

Apparently the keel was up but that was standard and allowed for the particular situation that night.

 

 

In the video you see the mast go from 90 degrees, straight up to 180 degrees, lying on the water. Sailboats do that in high waves and winds with sails up, but not from a wind with no sails up. That mast was too high (and wide) for a raised keel in that wind. That boat was top heavy. Of course then most likely because of some open hatches and a poor cockpit design it filled with water and lost its buoyancy.

With regard to vessel certification: someone made a mistake.

[thaibeachlovers]

8 hours ago, nauseus said:

 

I don't see them prosecuting anyone as yet. The investigation is ongoing and will certainly have to include interviewing the crew. 

That wasn't what I was complaining about. They could have done the investigation, and then started a prosecution if warranted.

[Andrew65]

The Dutch man who originally bought "Bayesian" (originally called "Salute") was subsequently paralysed in a yachting accident, it could almost seem as though this yacht was 'jinxed'.

Edited August 29 by Andrew65
added word