Italy - Sailing yacht sank off Italian coast, 15 rescued, 7 missing, 19 August 2024

[RedHaus]

but what if he was thrown off the deck into the water like some of the others (maybe all)? he can't exactly climb back up

That is how I magine the scene. That those on deck were swept off suddenly by the downburst or a swell, including the chef who sadly perished.

And those below deck, in varying stages of waking or trying to get to the deck were swamped suddenly by the same deludge of water or the rapid rush of water from the sinking yacht soon after the folks on the deck were swept off.

I suspect while the yacht may have taken 16 minutes to succumb, I wonder if the human toll with this tragic event occurred quite quickly.

Of course this is conjecture on my part. And while I agree with other OPs that the captain will likely face culpability (e.g. for the keel position, anchor, location, etc.) I personally doubt he methodically got off the sinking yacht and abandoned his passengers. IMO it was all quite sudden.

With that I just want to express how truly heartbroken I am for those who died in this terrible tragedy, their families and friends, and for the anguish of the survivors and first responders.

 

[SouthAussie]

but what if he was thrown off the deck into the water like some of the others (maybe all)? he can't exactly climb back up

Additionally, 4 of the people in the life raft were found to be badly injured. I had looked for an MSM article that might say who all of those 4 people were, no luck ... but one was the captain (see following post).


“One of my guests saw a flare and then I saw another and then me and my helmsman got into the dingy and set out in the direction of the yacht. We found a life raft with 15 people on it, four of them badly injured, and a baby,” Börner told the broadcaster.
After getting the people to his boat and giving them food and dry clothes, the Italian coast guard came to pick up the wounded to take them to hospital.

Friesland skipper saved 15 people in "traumatic" Sicily rescue - DutchNews.nl

The Friesland-based skipper who saved 15 people from the luxury yacht which capsized in a storm near Sicily on Monday said he “didn’t think, but did what was necessary”. Karsten Börner, who was born in Germany but has been living in Lemmer in Friesland for years, happened to have dropped anchor...

www.dutchnews.nl

 

[SouthAussie]

I had found the following.


One article says .... "Irish citizen Sasha Murray, 29, who reportedly injured her right foot in the sinking" . Link

Another says (about the skipper/captain) ..... "Cutfield's injuries were not “too dramatic” and described him as a “very good sailor” and “very well respected” " . Link
But he was hospitalised ..... "and is recovering in hospital, his brother revealed today" . Link

Four people were injured with three needing hospital treatment, Borner told reporters. . Link

 

[ch_13]

but what if he was thrown off the deck into the water like some of the others (maybe all)? he can't exactly climb back up

This is from an old CNN article written around the time of the sinking of the Costa Concordia:

Abandoning ship is a maritime crime that has been on the books for centuries in Spain, Greece and Italy, according to Alessandra Batassa, a lawyer in Rome, although many other countries have long abandoned it.

https://edition.cnn.com/2012/01/17/travel/cruise-ship-passenger-safety/index.html?_s=PM:TRAVEL

If the captain was thrown off the deck, then he should be able to argue that he didn't exactly abandon the ship. I would hope the prosecutors make a distinction between someone who does all he can humanly do under the circumstances and someone who just runs away. I recall that the captain of the Concordia not only left the ship, he also refused the orders of the Italian Coast Guard to return and direct the passengers to safety.

 

[Cryptic]

I suspect a few years down the line when we get to the stage of the final reports we'll find that the key oversight was raising the keel when they anchored for the night when there was no need to do so.

Though I know little about boats, I strongly suspect that the investigation is going to uncover evidence of the following attitudes:

1- This is a super yacht. Overloaded migrant ships are known to sink in the Mediterrenean. Super yachts do not sink. If you dont believe this, just start googling.

2- The super yacht has automated everything. The cockpit resembles a high tech airplane with Italian design flair. We have gotten very used to letting the auto pilot do almost everything. Saves us having to learn skills and allows for more relaxation.

3- If we see something amiss, we presume that the captain must have everything into consideration- and made the right choice. After all, they are a captain and captains make right choices, or they would not be captains- right? So.... no need to speak up.

Our safety check list? Start with attitude one, then work down to attitude three. So far, its worked every time.

 

[branmuffin]

I am guessing that this is one of the reasons why the people who were found trapped in one room couldn't make their way out or be led out, nobody would have been able to see a thing in the blackness.


The yacht began taking on water at 4:00am
The yacht was then plunged into darkness, suggesting that water had reached the generator or engine room

Discovered in analysis of the yacht's AIS recording system, and paraphrased from .... https://www.dailytelegraph.com.au/n...ws-story/e8658ad432efdfb2026902d3a03917b8?amp

The interior may have had lighting strips similar to those on planes when they turn the cabin lights off so they may have been still been able to guide themselves to the port side of the boat. The passengers were probably all in their own rooms at the time but when the boat turned on its side and began to take on water they behaved like individuals who find themselves in a sinking vehicle with no way to get out; they follow the air pockets available to them until the space eventually fills with water. Absolutely, a horrible way to die. Perhaps Hannah was already in a starboard cabin which is why she was alone.

 

[branmuffin]

There are a few important rules to keep you safe on water:

- Never stay below deck in case of weather deterioration

- Be sure to check the weather forecast and watch the sky

- Moor in places sheltered from the wind

- Thoroughly check the equipment

- Everyone on board should learn what to do in the event of serious trouble
(to avoid the likelihood of panic on board)

- Before setting off,
everyone should know where the life-saving equipment and first aid kit are located and
who is responsible for safety on the yacht

- If the wind is above 3 on the Beaufort scale,
then life jackets should be worn.
On small and unstable yachts, it is recommended to wear life jackets regardless of the wind force.

These are rules my Dad (an avid sailor) taught me when I was a teen.

I never liked sailing
But...
I loved singing Sea Shanties

They should have pulled the anchor. And turned the engine on. I think the captain belatedly told whoever was manning the boat at night to release the keel but was too late since the boat was already yawing because of the size of the mast and the keel was supposed to act as its counterweight.

 

[SouthAussie]

Aug 2022 ... the Saga superyacht (127 ft) sank in Italian waters. Similar problem. Boat took on water at the stern during a storm. The coast guard managed to save those on board, but the boat sank.


The boat was sailing from Gallipoli to Milazzo when the crew reported it was taking on water at the stern.
Reports suggest that the team attempted to strand the yacht but despite their best efforts, it sank quickly. Link

Link

 

[Dotta]

https://twitter.com/x/status/1827988857872380304

"Maritime law gives a captain full responsibility for the ship and the crew, as well as the safety of all aboard."

https://twitter.com/x/status/1827957668490695048

 

[JennieM]

Prosecutors in Italy have launched an official investigation into the captain of the £30million Bayesian superyacht which sank off Sicily last week, killing British tech billionaire Mike Lynch, his daughter and five others.

Captain James Cutfield, a 51-year-old New Zealander, is being investigated for manslaughter and shipwreck, Italian dailies La Repubblica and Corriere della Sera are reporting today.

Being placed under investigation in Italy does not imply guilt and does not mean formal charges will necessarily follow.

Captain of Bayesian superyacht faces probe by Italian prosecutors

A 51-year old New Zealand national, Cutfield is being investigated for manslaughter and shipwreck.

www.dailymail.co.uk

 

[ItalyReader]

All my opinion as a citizen and resident of Italy - I can cite Concordia articles if need be -

Even if formal charges follow, there will not be grave consequences for anyone charged.
Italy is very light on applying the law.
Look at Schettino of the 2012 Concordia disaster which killed 33 people - he refused to go back on board, appealed the rulings, and in the end is serving just 16 years in prison.

Survivors groups were infuriated at the leniency.

Consider as another non-maritime example of leniency in Italy: a man in our town who hammered a woman to death, he lives in the local prison but for "good behaviour" he is allowed to work in a local restaurant where he has regular contact with the public.
I couldn't make this up if I tried. Italy is light on applying the law. Italy calls it being humanitarian (towards the perpetrators).

In the case of the Bayesian, where 7 people died instead of 33, and where one could argue severe weather and one could also argue also that the captain did not have the opportunity to get back on the ship (unlike Schettino) - time will tell but I think it's likely Cutfield ultimately gets few if any charges, perhaps gets off through appeals, and maximum has a sentence of 5-8 years.

If Schettino got 16 years for the deaths of 33 people, abandoning a ship, much more time between the impact and the last passenger off, etc, what will Cutfield get for the deaths of 7 in a comparatively quick accident that unfolded in minutes?

All my opinion as a citizen and resident of Italy observing the application of the Italian law for many years.

 

[ItalyReader]

Maybe. Another possibility: Her mom said she went up on the deck to find out what was going on, she may have been able to traverse stairs that shortly thereafter became impassible. MOOO.

Yes, I think either or both of these ideas simultaneously are possible.
IMO - HL perhaps didn't hear the knocking and by the time she did the stairs were impassable. IMO.
It all happened so fast.

 

[SouthAussie]

All my opinion as a citizen and resident of Italy - I can cite Concordia articles if need be -

Even if formal charges follow, there will not be grave consequences for anyone charged.
Italy is very light on applying the law.
Look at Schettino of the 2012 Concordia disaster which killed 33 people - he refused to go back on board, appealed the rulings, and in the end is serving just 16 years in prison.

Survivors groups were infuriated at the leniency.

Consider as another non-maritime example of leniency in Italy: a man in our town who hammered a woman to death, he lives in the local prison but for "good behaviour" he is allowed to work in a local restaurant where he has regular contact with the public.
I couldn't make this up if I tried. Italy is light on applying the law. Italy calls it being humanitarian (towards the perpetrators).

In the case of the Bayesian, where 7 people died instead of 33, and where one could argue severe weather and one could also argue also that the captain did not have the opportunity to get back on the ship (unlike Schettino) - time will tell but I think it's likely Cutfield ultimately gets few if any charges, perhaps gets off through appeals, and maximum has a sentence of 5-8 years.

If Schettino got 16 years for the deaths of 33 people, abandoning a ship, much more time between the impact and the last passenger off, etc, what will Cutfield get for the deaths of 7 in a comparatively quick accident that unfolded in minutes?

All my opinion as a citizen and resident of Italy observing the application of the Italian law for many years.

Apparently, on October 25th 2023 Italy brought in a new law because there were so many nautical accidents.
Is this the law that might apply in this case?


Crime of Nautical Homicide

Law No. 138 punishes with imprisonment for two to seven years anyone who negligently causes the death of a person by violating the rules governing maritime or inland navigation.

If the driver of the recreational vessel causes injuries to more than one person, the penalty imposed for the most serious of the violations committed is applied, increased by up to three times, but the penalty cannot exceed seven years.

Italy: New Law Introduces Crimes of Nautical Homicide and Nautical Personal Injury

On October 25, 2023, Law No. 138 of September 26, 2023, Introducing the Crimes of Nautical Homicide and Nautical Personal Injury, entered into effect in Italy.General ContextDuring recent years, Italy has seen a sharp spike in nautical-related collisions and stranding of vessels. A Genoa-based...

www.loc.gov

 

[Greenestdays]

My Goodness!
This boat was full of clutter
So unsafe, with crew apparently not trained enough.

Where was this reported?

 

[Dotta]

Where was this reported?

Endless reports...

1.

"Yacht Sank in Sicily Due to ‘Endless Chain of Errors,' Ship Maker's Owner Speculates: ‘Everything Was Predictable’."​

Sicily Yacht Sank Due to ‘Endless Chain of Errors,' Claims Ship Maker's CEO: ‘Everything Was Predictable’

The luxury yacht that sank off the coast of Sicily this week was the result of an "endless chain of errors," Giovanni Costantino — who is the CEO of The Italian Sea Group, the company that now owns Perini Navi, which built the Bayesian in 2008 — asserts in a new interview

people.com

2.

https://www-bbc-com.cdn.ampproject.org/v/s/www.bbc.com/news/articles/c0l8kj1p0ylo.amp?amp_gsa=1&amp_js_v=a9&usqp=mq331AQIUAKwASCAAgM%3D#amp_tf=Od%3A%20%251%24s&aoh=17246836440514&csi=1&referrer=https%3A%2F%2Fwww.google.com&ampshare=https%3A%2F%2Fwww.bbc.com%2Fnews%2Farticles%2Fc0l8kj1p0ylo

3.

https://www.reuters.com/world/europe/indescribable-crew-errors-led-sicily-shipwreck-yacht-maker-says-2024-08-22/

Etc, etc

 

[RedHaus]

Where was this reported?

In addition to @Dotta's response with sources about the possible inexperience of the crew, take a look at the ages of the surviving crew per today's DM article.

While not all have ages listed, many who do are quite young. Granted that could be explained by the split between hospitality and sailing crew as we don't know each survivor's role on the yacht. But I still find it striking how young aka inexperienced many of the crew was.

So I suppose one line of inquery by the prosecutor could be hiring decisions and training protocols. And I wonder now, does the captain and/or the owners of a yacht hire crew?

"Who are the nine surviving crew members
Captain James Cutfield, 51, a New Zealander
Sasha Murray, 29, from Ireland
Kyaw Htun Myin, 31 from Myanmar
Matthew Griffith, 22, from France
Leo Eppel, from South Africa
Onboard hostess Leah Randall, 20 from South Africa
Hostess Katja Chicken, 23, from Germany
Tus Koopmans, from the Netherlands
Eaton Parker, believed to be from the UK"

All IMO

 

[Yellowbelly]

In addition to @Dotta's response with sources about the possible inexperience of the crew, take a look at the ages of the surviving crew per today's DM article.

While not all have ages listed, many who do are quite young. Granted that could be explained by the split between hospitality and sailing crew as we don't know each survivor's role on the yacht. But I still find it striking how young aka inexperienced many of the crew was.

So I suppose one line of inquery by the prosecutor could be hiring decisions and training protocols. And I wonder now, does the captain and/or the owners of a yacht hire crew?

"Who are the nine surviving crew members
Captain James Cutfield, 51, a New Zealander
Sasha Murray, 29, from Ireland
Kyaw Htun Myin, 31 from Myanmar
Matthew Griffith, 22, from France
Leo Eppel, from South Africa
Onboard hostess Leah Randall, 20 from South Africa
Hostess Katja Chicken, 23, from Germany
Tus Koopmans, from the Netherlands
Eaton Parker, believed to be from the UK"

All IMO

The one that leapt out at me was Matthew Griffith, who was the First Officer. Doesn't 22 years old seem rather young to be second in command of a luxury yacht? How long does it take to get the relevant qualifications? He can't have long been out of university or college.

 

[BetteDavisEyes]

Superyacht captain under investigation for manslaughter after deadly sinking

The Bayesian went down last Monday in a storm, with the bodies of British tech magnate Mike Lynch and five other people retrieved following a dayslong rescue effort.

www.nbcnews.com

ROME — A multiple manslaughter investigation has been launched into the captain of a superyacht that sank in a violent storm off Sicily, killing British tech magnate Mike Lynch and five other people, his lawyer told NBC News Monday.

James Cutfield is also being investigated for causing a shipwreck, Giovanni Rizzuti said in a telephone conversation. He added that Cutfield, 51, will be questioned by Sicilian prosecutors again on Tuesday.

News of the probe had earlier been widely reported by Italian newspapers.

Being placed under investigation in Italy does not imply guilt and does not mean formal charges will necessarily follow. Notices to people under investigation need to be sent out before authorities can carry out the autopsies on the bodies of the dead...

 

[branmuffin]

The one that leapt out at me was Matthew Griffith, who was the First Officer. Doesn't 22 years old seem rather young to be second in command of a luxury yacht? How long does it take to get the relevant qualifications? He can't have long been out of university or college.

He may have chosen to bypass college and focus on working as a crewmember on boats. He's a French citizen, but I think the requirements to crew on private yachts is universal. Hopefully all the crew have the required certificates. I just wonder, though, whether, crewing on this particular boat would be light years away from crewing on more traditional high end boats like this.

Used Icon 221' | LOON | United Yacht Sales

LOON is a 2010 Icon 221' yacht. LOON is a 221 Icon Motoryacht with 6 decks and 7 staterooms and is considered the most famous and marketed charter yacht in the worldCombining comfort and luxury...

www.unitedyacht.com

 

[al66pine]

Crew. Were All Fluent in a Common Language? Language Barrier?

In addition to @Dotta's response with sources about the possible inexperience of the crew, take a look at the ages of the surviving crew per today's DM article.

While not all have ages listed, many who do are quite young. Granted that could be explained by the split between hospitality and sailing crew as we don't know each survivor's role on the yacht. But I still find it striking how young aka inexperienced many of the crew was.
So I suppose one line of inquery by the prosecutor could be hiring decisions and training protocols. And I wonder now, does the captain and/or the owners of a yacht hire crew?
"Who are the nine surviving crew members
Captain James Cutfield, 51, a New Zealander
Sasha Murray, 29, from Ireland
Kyaw Htun Myin, 31 from Myanmar
Matthew Griffith, 22, from France
Leo Eppel, from South Africa
Onboard hostess Leah Randall, 20 from South Africa
Hostess Katja Chicken, 23, from Germany
Tus Koopmans, from the Netherlands
Eaton Parker, believed to be from the UK"

All IMO

@RedHaus Thanks for your post w listing of crew members' ages, good point.

My title pretty much says it. Even in a crisis where everyone is fluent in a shared language, it's easy for miscommunications to happen.
Did all the crew members speak a common language?

Is it reasonable to guess, w a Kiwi captain & British passengers/guests (were some from other countries?) that it would be English? IDK.

Despite some crew hailing from Myanmar,* Ireland,** France,*** The Netherlands,**** it's possible they all spoke English fluently.

Also what about language of WEATHER REPORTS? Broadcast? Online? Or ?

Regardless, even if weather was the only/primary direct cause, circumstances would have been ripe for miscommunication.
What a tragedy.


____________________________
Languages, per wiki
* Official = Burmese.
** English, Irish, & Ulster Scots dialect.
*** Official = French.
**** Official = Dutch.