The Captain of the Sunken Italian Yacht is Under Investigation. Is He Responsible for the Tragedy? (Exclusive)

Mar. 15, 2025

The Bayesian.Photo:PERINI NAVI PRESS OFFICE/HANDOUT/EPA-EFE/Shutterstock

PERINI NAVI PRESS OFFICE/HANDOUT/EPA-EFE/Shutterstock

The captain of a sunken Italian yacht is under investigation after the accident off the coast of Sicily last week thatkilled seven peopleandleft 15 survivors.

New Zealand-born James Cutfield, 50, was chief officer of the British-flagged yachtBayesian, which sank during a storm in the Tyrrhenian Sea near the Sicilian port of Porticello on Monday, Aug. 19.

Despite investigators’ focus on him, his actual culpability for the tragedy remains uncertain, as Italian attorney and legal expert Praxilla Trabattoni explains in this Q & A. (Trabattoni is also a contributing writer for PEOPLE).

What does the interrogation of Cutfield mean?

Cutfield’s questioningdoes not immediately imply that he will be tried, Trabattoni says, given that this kind of investigation is commonplace for such incidents.

This and similar cases require a preliminary investigation in which authorities notify parties involved so that they can appoint their own forensic experts and legal teams to participate in investigations, including, in this case, the autopsies of the victims.

Is Cutfield under arrest?

While Cutfield is beinginvestigated for negligent shipwreck and manslaughter, he is not under arrest. For a pre-trial arrest — as happened in the2007 Amanda Knox case— there are certain criterion the prosecutors have to meet.

“First, the crime should foresee a sentencing of no less than five years,” Trabattoni says. “Secondly, there needs to be a serious indication of guilt.”

Third, she says, prosecutors would have to have concerns that the purported defendant is at risk of tampering with evidence or is a flight risk or could commit a similar crime.

Bayesian yacht search operation.HANDOUT/Vigili del Fuoco/AFP via Getty

HANDOUT/Vigili del Fuoco/AFP via Getty

Is there a precedent for a case like this?

This kind of investigation is not entirely unchartered territory.

But there’s a long way to go before Cutfield could meet a similar fate — including a bulletproof case from prosecutors.

How could authorities prove the captain’s guilt?

For example, if the captain had heard that there was a weather alert and he failed to deploy the stabilizer, or if he decided not to go into a port that would have been provided a safe haven, or if he didn’t ensure that all the doors were shut during the night. These constitute behavior that would have contributed to the tragedy, Trabattoni says.

Prosecutors also have a legal obligation not only to look for evidence against the party, but also in favor of the defendant, requiring a diligent investigation of the case, she says.

The Bayesian.FABIO LA BIANCA/BAIA Santa Nicolicchia/AFP via Getty

FABIO LA BIANCA/BAIA Santa Nicolicchia/AFP via Getty

What could Cutfield argue in his defense?

The captain has to prove that he behaved and maintained his duties and obligations both during the tragedy and after, says Trabattoni. There’s also the question, Was there anything he could’ve done to save lives?

He could also claim that it was an unforeseeable and unpredictable weather phenomenon and there was nothing he could’ve done to avoid a disaster, she says. He could also claim that there was design or manufacturer flaw in the vessel.

Are other surviving crew members culpable?

“What often happens, and what happened in theCosta Concordiacase, is that those further down the pecking order will cut deals and explain everything that happened,” Trabattoni says. This usually implies the captain would get most of the blame and, in turn, a harsher sentencing, she adds.

“Maritime law dictates that the captain is in charge and responsible for the boat, crew and all the people sailing with him so the ultimate responsibility and liability lies with him,” she says.

Want to keep up with the latest crime coverage? Sign up forPEOPLE’sfree True Crime newsletterfor breaking crime news, ongoing trial coverage and details of intriguing unsolved cases.

source: people.com