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Five passengers who died on the superyacht Bayesian were found in one cabin where they had gathered in an apparent attempt to escape, Italian investigators revealed on Saturday.
The five included Mike Lynch, the multimillionaire tech entrepreneur and owner of the yacht. The body of his daughter, Hannah, 18, was found alone in another cabin.
At a press conference in the town of Termini Imerese, about 20 miles from where the yacht sank off the coast of Sicily, prosecutors confirmed that they were investigating charges of multiple manslaughter and causing a deadly shipwreck against “unidentified persons”.
The chief prosecutor in the case, Ambrogio Cartosio, said he was investigating a “crime hypothesis” of culpable shipwreck and manslaughter, although those charges have not yet been levelled at anybody specifically. The investigation is in the very earliest stages, Mr Cartosio added.
Questions have been asked about why six passengers died while all but one of the crew – the boat’s chef – managed to escape the sinking ship and survive.
It is not clear whether the captain and crew tried to raise the alarm and evacuate the passengers from their cabins.
James Cutfield, the New Zealander captain of the yacht, was questioned for two hours by investigators earlier this week.
Raffaele Cammarano, one of two prosecutors leading the case, said: “There can be no certainty about the behaviour of the passengers on board, at the moment.
“It is probable they tried to escape but we have no real details about that, that will emerge in the course of the inquiry.”
He said the passengers “were asleep below deck and the others weren’t”.
Asked if Mr Lynch and his guests were warned of the approaching storm that caused the yacht’s sinking, he said: “That’s precisely what we’re trying to ascertain from the statements made by the survivors.”
Girolomo Bentivoglio Fiandra, a senior officer from the fire service, said that when the boat sank, it came to rest on its starboard (right) side.
“The yacht tended to the right and obviously the [people] tried to go to the other side and take refuge in their cabins,” he said.
“We found five bodies in a cabin on the left and another one in the third cabin on the left. They were in the higher part of the shipwreck.”
The tragedy unfolded in the early hours of Monday when the Bayesian was hit by an intense storm as it was anchored about half a mile off the small town of Porticello.
Prosecutors said it was not a tornado but a downburst – a weather phenomenon in which powerful winds descend from a thunderstorm and spread out once they hit sea or land. They can cause damage equivalent to a tornado.
Investigators said the storm was “an extreme event” that happened “really, really suddenly”.
As well as Mr Lynch and his daughter, others who died include Jonathan Bloomer, the Morgan Stanley International bank chairman, and his wife Judy along with Chris Morvillo, a lawyer, and his wife Neda. The seventh victim was Recaldo Thomas, the Canadian boat cook, whose body was recovered at the scene on Monday.
In response to a question from The Telegraph, Mr Cartosio said there was no legal obligation for the skipper and crew, who are currently staying in a four-star hotel a few miles from where the yacht went down, to remain in Sicily.
But he said he expects them to stay and to show “maximum cooperation” with the investigation, adding that they have so far been “very cooperative”, and he may want to question them again.
The investigators were asked if there is any evidence that any of the yacht’s hatches were open when the storm hit.
Mr Cammarano said: “This kind of evidence is going to be fundamental to the inquiry so it is extremely difficult or impossible for us to reply at this stage, we are still trying to establish the facts.”
Weather forecasts for the area had not suggested such an extreme event, said Rear Admiral Raffaele Macauda, of the Italian coastguard.
“This was an abnormal meteorological condition, and as you can see from the internet there was forecasts from midnight to 4am, winds of a strength of five from the north-west and the west and a storm alert. But there wasn’t an alert of a tornado,” he said.
Mr Cartosio was asked how such a large, sophisticated yacht could have sunk in a few minutes. He said that was one of the key questions that investigators will be pursuing.
Divers have yet to find the yacht’s black box because of difficulties in searching the vessel, which is lying 165ft beneath the surface.
Prosecutors refused to reveal any details about whether divers had found that hatches had been left open, allowing water to flood in, or whether the keel had been raised before the coming storm, making the yacht more unstable.
“We can’t reveal anything at this stage. The whole matter is sub judice and we’re waiting for an analysis to confirm the information,” they said.
The yacht will be raised from the seabed and recovered as part of the investigation, prosecutors said, with the cost to be borne by the vessel’s owners.
Mr Cartosio would not say when the operation would begin nor how long it could take.Post-mortem examinations have not yet been conducted on the seven victims, investigators said.
The press conference has been concluded.
Here is what we know so far.
Prosecutor Raffaele Cammarano said: “It does look as if it was a downburst, but we will be more precise on that score, certainly later on. There is no certainty about it, it is pure hypothesis.
“It is very unlikely the physical situation will have been really recorded very precisely.”
Chief prosecutor Ambrogio Cartosio said: “For me it is probable that offences were committed that it could be a case of manslaughter but we can only establish that if you give us the time to investigate.
“Media timing is completely different from that of a prosecutor.
“We need a minimum amount of time to come to a proper scientific conclusion.”
He added that investigators had yet to establish whether the captain or crew were responsible for the passenger’s deaths or whether the ship builders were to blame.
“We will be establishing each element of responsibility. That will be done by the inquiry,” said Mr Cartosio.
The coast guard admiral said the yacht’s crew were responsible for anticipating any changes in the weather that may have presented a danger.
“Whether or not they decide to drop anchor in that place is entirely up to them. We’re not involved in evaluating the risk element to private vessels. That is something that should be done [by them],” he told reporters.
Prosecutor Raffaele Cammarano said: “The bodies were found in a cabin which was not theirs, but this doesn’t give us any kind of certainty about what happened.
“We have no idea of the reasons for them all being found in the same cabin.”
It remains unclear whether those on board who died in the tragedy had been warned by the crew of the approaching storm or whether any attempt had been made by the crew to rescue them.
One of the prosecutors said the investigating team was trying to establish whether any attempt had been made by the crew who survived the disaster to rescue the passengers.
Asked why a number of passengers had been left behind, he said: “They were asleep underneath and the others weren’t.”
Responding to a question about whether the passengers were warned of the approaching storm he said: “That’s precisely what we’re trying to ascertain from the statements made by the survivors.”
Coast guard rear admiral Raffaele Macauda said the yacht’s emergency distress signal was not launched properly or at the right time.
“We cannot say when the distress signal was first launched,” he said.
The assistant prosecutor said the super yacht was hit by a “downburst” of wind and rain, not a tornado as has previously been suggested.
Prosecutor Raffaele Cammarano said “there can be no certainty” about the behaviour of the passengers on board, at the moment.
He said: “It is probable they tried to escape but we have no real details about that, that will emerge in the course of the inquiry.
“But there should be some evidence from the exact place of the retrieval of the bodies.”
Coast guard rear admiral Raffaele Macauda said the owners of the yacht will bear the full cost of the vessel’s retrieval.
In response to a question from The Telegraph, chief prosecutor Ambrogio Cartosio says there is no legal obligation for the skipper and crew to remain in Sicily.
But he expects them to stay and to show “maximum cooperation” with the investigation.
Prosecutors may well want to question them again, he says.
The chief of the coast guard said he would have expected the yacht’s captain to be aware of approaching storms on the night of the tragedy and prepare safety measures accordingly.
He said: “They are vessels that can monitor these events and one would have thought the captain had taken precautions.”
The prosecution is asked whether there there was any evidence of the hatches being battened down before or during the storm.
Prosecutor Raffaele Cammarano said: “This kind of evidence is going to be fundamental to the inquiry so it is extremely difficult or impossible for us to reply at this stage, we are still trying to establish the facts.”
On the question of the hatches, he said that information will be gleaned on the retrieval of the wreckage.
“There was a member of the crew who was detailed to supervise the opening of the hatches,” he said.
He added the crew and captain have all been very cooperative with the prosecution.
Coast guard rear admiral Raffaele Macauda said: “This was an abnormal meteorological condition, and as you can see from the internet there was forecasts from midnight to 4am, winds of a strength of five from the north-west and the west and a storm alert.
“But there wasn’t an alert of a tornado.”
He said given the conditions there was nothing to suggest an “extreme situation” arising.
Prosecutor Raffaele Cammarano is asked how such a large, sophisticated yacht could sink in a few minutes. He says that is one of the key questions that investigators will be pursuing.
One of the inquiry team’s prosecutors said divers had yet to find the yacht’s black box, due to the difficulty of searching the damaged vessel.
He also refused to reveal any details about whether diver had found that hatches had been left open, allowing water to flood in, or whether the stabilising keel had been raised before the coming storm, making the yacht more unstable.
“We can’t reveal anything at this stage, but the facts will be confirmed by the later search of the wreckage,” he said. “The whole matter is sub-judice and we’re waiting for an analysis to confirm the information.”
The press conference was told it may take two to three months to raise the wreckage of the superyacht.
Coast guard rear admiral Raffaele Macauda says he cannot yet give a timeframe for when the yacht will be raised from the seabed or how long it will take. But it will happen.
The prosecution has said they will be not be giving information about the state of the yacht’s keel or hull at this time.
Raffaele Cammarano said: “There will be no further statements until the inquiry is concluded. This data cannot yet be revealed because the whole matter is sub-judice, so we are waiting on analysis to confirm on the investigation.
“So we will not be giving any information about the keel or the hull.”
He confirmed they have no results to provide yet on the autopsy.
Mr Cartosio added: “[The case] does not depend exclusively on the retrieval of the wreckage. There’s a whole number of calculations that can be made before.
“It’s the Italian Republic’s Prosecutor who will decide on that and all the details of the case have to be weighed up before attempting any kind of conclusion.”
A fire chief told the press conference: “The yacht tended to the right and obviously the bodies tried to go to the other side and take refuge in their cabins.
“We found five bodies in a cabin on the left and another one in the third cabin on the left. They were in the higher part of the shipwreck.”
A journalist has asked the prosecution: “How is it that the crew got on the lifeboat and none of the others survived? I just wondered if there was any kind of early reply to that?”
The chief prosecutor replied: “Obviously the inquiry is concentrating on questions such as this. We have tried to find out the maximum information possible from the crew members or the survivors.
“All I would say in response is that the incident happened really, really suddenly – I think the prosecutor just said now the inquiry will begin with the facts of the wreck and that is all I can say at the moment.”
Rear Admiral Raffaele Macauda said: “We put in to operation our aviation resources but in the course of the day we had to conclude that they were missing, they were not in the sea and the body of the cook was retrieved first.
“And this search and rescue operation continued on the surface and particularly from the air.”
Prosecutor Ambrogio Cartosio has said the yacht will be recovered from the seabed.
Italy’s fire service said 123 dives were undertaken by divers and they could only stay for 12 minutes maximum under the water.
A spokesman said: “It was an intense bout of work as you can imagine and very stressful, nevertheless in four days, the results we achieved do not require any further explanation.
“We managed to bring up all six bodies, we were operating at 50 metres depth and there was very little visibility due to the weather conditions but we achieved our aims.
“My colleagues have shown incredible professionalism.”
Prosecutor Ambrogio Cartosio: “A case has been opened hypothesising the crime of shipwreck and manslaughter but we are only at the initial stage of the inquiries so far, so I am going to confine myself to only giving you that information.
He said the development of that inquiry could be of “any sort imaginable”.
“It was absolutely indispensable to make that press conference given the interest of the world press in those who died,” he added.
The investigation is not yet targeting any individual person.
Prosecutor Ambrogio Cartosio has recounted how the Bayesian sank in an intense storm on Monday and how the 15 survivors were rescued by another large yacht that was nearby.
He said it was a “grave tragedy” and that in order to “reduce the dimensions of the tragedy” they called on a “big operation of firefighters and firefighting divers who have shown “incredible courage and skill” who carried out a very difficult mission indeed and have allowed us to inspect properly the wreck for bodies”.
Prosecutor Ambrogio Cartosio said: “There are issues obviously which we cannot comment on at this stage, I think this is a real need which you will all understand in the media.
“The right to information, to free press, often requires what we call squaring of the circle. But I would like to request some understanding, this is not a complication we are seeking ourselves.
“So on the 19th of August at 4 o’clock in the morning the coastguards were alerted to the disaster.
“The coastguards arrived on the spot immediately but the yacht was already sunk.”
Chief prosecutor Ambrogio Cartosio said: “There has been silence around this disaster and we believe it is necessary therefore to publicise the fact that according to Article 5 of the Constitution of 2006 it is not possible to make comments on behalf of the prosecutor of Italy before inquiries have been made properly.
“I have personally criticised this law in the interest of public debate because it seems to me that there is a legitimate interest here and it seems to me that this law creates a lot of obstacles in terms of informing people.”
We’re expecting to hear from three people this morning.
They are chief prosecutor Ambrogio Cartosio, prosecutor Raffaele Cammarano and Italian Coast Guard officer Rear Admiral Raffaele Macauda.
There’s tight security at the court complex in the town of Termini Imerese where the prosecutors will hold their first press conference.
Guarding the entrance are police, paramilitary Carabinieri and a handful of soldiers.
Journalists are queuing to have their bags checked at a metal detector at the front of the building.