RedHaus
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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.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
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.