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THE captain and crew of sunk superyacht Bayesian are facing a manslaughter and homicide probe after seven on board died including Brit tech tycoon Mike Lynch and his daughter.

Prosecutors disclosed that the victims had attempted to scramble to one side of the doomed £30million, 184ft vessel in a desperate battle to reach air pockets after it went down in a storm off Sicily.

Chief prosecutor Ambrogio Cartosio revealing the early findings on Saturday
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Chief prosecutor Ambrogio Cartosio revealing the early findings on Saturday
The Bayesian (pictured) capsized and sank off the coast of Sicily in bad weather
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The Bayesian (pictured) capsized and sank off the coast of Sicily in bad weather
Divers spent multiple days recovering bodies
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Divers spent multiple days recovering bodiesCredit: Vigili del Fuoco/AFP via Getty Images
Mike Lynch, the tech tycoon who died in the sinking
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Mike Lynch, the tech tycoon who died in the sinkingCredit: Yui Mok/PA Wire
Mike's daughter was also unable to escape
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Mike's daughter was also unable to escape
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Mr Lynch and four others were found in the first cabin of the luxury yacht’s left side while his 18-year-old daughter, Hannah, was alone in the third after it sank stern-first before rolling on to its right on the seabed. The yacht’s chef also died.

Fifteen of the 22 people on board, including Mr Lynch’s wife Angela Bacares, 57, escaped on a life raft.

Chief Prosecutor Ambrogio Cartosio said the victims would have been asleep when the freak weather struck at around 5am local time on Monday last week, leaving them unable to escape.

It was revealed that a downburst — a powerful, localised wind striking the boat — and not a tornado caused the disaster.

Read more on the Bayesian

The victims’ bodies were wedged in “tight spots” with furniture on top of them, it was said — but a suggestion that the yacht’s hatches or windows may have been left open was not confirmed.

Divers made more than 120 trips in five days to the wrecked boat 164ft below the surface, with mirrors in the cabins making their tough job harder because their lights were reflected back at them.

It was also revealed that the crew and captain were not tested for alcohol or drug use after the sinking and have no legal requirement to stay in Sicily.

At the Termini Imerese Courthouse in Palermo, Mr Cartosio said there may have been “behaviours that were not perfectly in order with regard to the responsibility everybody had”.

He added: “There could be in fact the question of homicide. But this is the beginning of the inquiry, we cannot exclude anything at all.”

He said one line of inquiry was whether the crew attempted to raise the alarm with passengers before getting on the lifeboat and escaping.

Divers search for final missing person after five bodies retrieved from wreck of Bayesian superyacht

He vowed to “discover how much they (the crew) knew and to what extent all the people (passengers) were warned.”

He said: “We will establish each element’s (crew) responsibility. For me, it is probable that offences were committed — that it could be a case of manslaughter.”

He said Captain James Cutfield had been “extremely cooperative” during questioning and will be quizzed further.

Lead prosecutor Raffaele Cammarano said Italy’s Air Force determined the boat was sunk by a downburst which descended from a thunderstorm.

He said there were forecasts of strong winds and a storm alert but good visibility and no suggestion of a tornado.

He added: “Given the conditions were such, there wasn’t anything to suggest there could be an extreme situation.

“There are vessels that can monitor  these events and one would have thought the captain had taken precautions.”

He said one person was on watch in the cockpit at the time of the accident.

Bentivoglio Fiandra, chief of Palermo’s fire brigade and part of the rescue, said the victims “were trying to hide in the cabins on the left-hand side” where the last air pockets remained.

With Mr Lynch in the first cabin were Morgan Stanley International chief Jonathan Bloomer and his wife Judy, and Clifford Chance lawyer Christopher Morvillo and his wife Neda.

The body of Hannah, in the third, was recovered on Friday by divers. Some were involved in the 2012 Costa Concordia rescue.


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Giuseppe Frison, head of the Department of Fire Fighters’ Divers, said the Bayesian was “more intense” as the dives were deeper.

He added: “This event has brought back some memories.

“Inside the cabin, it revived the same sensations. But in terms of scale, everything was very different. Plus this dive was so much deeper, so we had to severely restrict our time at depth.

“It felt a little like re-running the movie in our heads. Although the scene was very similar, it was like visiting someone’s house turned at 90 degrees, with everything on its side.”

Vincenzo Nardoni, inspector at the Department of Fire Fighters’ Divers in Naples, added: “Inside it was a very confusing place, with wardrobes and furniture whirling all around us, and lots of mirrors reflecting back our lights at us.

“The bodies were all wedged in tight spots, with furniture on top or beside them. They were all stuck there.”

Giovanni Costantino, CEO of The ­Italian Sea Group, which manufactured Perini Navi shipyard vessel Bayesian, accused the crew of failing to “close the doors and hatches” and insisted the boat should have been “unsinkable”.

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Meanwhile, the Bayesian’s chief stewardess, Sasha Murray, paid tribute to the Lynch family yesterday. She called Hannah “a diamond in a sea of stars; bright beautiful and always shining”.

Ms Murray, who it is understood was rescued from the yacht, added: “What most people may not have seen was the extraordinarily strong, deep and loving relationship she shared with her parents.”

The sailing trip to the Mediterranean, is understood to have been a celebration of Mr Lynch’s acquittal in a major US fraud trial.

The dad of two, who created software giant Autonomy, said he was “elated” to be cleared on June 6 with co-defendant Stephen Chamberlain, 52.

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Mr Chamberlain, a finance executive, died in hospital after being hit by a car while out running near his home in Cambridgeshire on August 21.

Police said there was no suggestion his death was suspicious.

Bayesian mystery: the unanswered questions

PROSECUTORS confirmed they have launched a major probe into whether the Bayesian crew follow the right procedures before it tragically sank.

With the investigation underway now that bodies have been recovered, these are the key points that remain shrouded in mystery.

Why did it sink while other boats withstood the storm?

Survivors were saved by crew of Dutch boat Sir Robert Baden Powell, which was moored right near the Bayesian.

The 42-metre boat remained anchored after its skipper turned on the engine, also avoiding a collision with the doomed British-flagged vessel.

Captain Karsten Borner said the Bayesian crew were likely "surprised" by the storm's prowess.

Were proper safety precautions followed?

In light of the weather warning issued by the coast guard, questions have been raised over whether yacht guests were woken up and given life jackets.

On Saturday, prosecutors said those who died were likely asleep when the storm hit.

This meant they couldn't escape as the boat rapidly sank, investigators believe.

Was the Bayesian properly anchored?

The anchor being lowered to 50 metres has sparked questions over whether the yacht should have been secured in shallower water.

Retired Royal Navy Commander Tom Sharpe also said the Bayesian is designed for a huge sail - and without the sail raised, the fierce gusts would've rocked the boat's aluminium pole.

He told CBC News: "My kind of working assumption is that she was probably a bit further in at anchor, and it’s very likely, in these sort of conditions, that her anchor dragged."

Were hatches left open?

It access hatches were left open before the storm struck, it's believed the yacht would've quickly filled with water once it tipped, causing the swift sinking.

An expert at the scene told Reuters that one of the earliest aims for investigators was to establish whether the crew did not close access hatches before disaster struck.

With temperatures above 33 degrees, they may have been left open for air circulation.

Sam Jefferson said: "I imagine all the doors were open because it was hot, so there were enough hatches and doors open that it filled with water very quickly and sank like that."

How long will the investigation take?

Sicilian prosecutors wouldn't be drawn on giving a timeline for the investigation on Saturday.

With the wreck at 50 metres below the sea surface, they warned it would take some time.

Autopsies are also yet to be done.

Mike with daughter Hannah
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Mike with daughter HannahCredit: AFP
Search rescue teams scoured the wreck to recover the bodies
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Search rescue teams scoured the wreck to recover the bodiesCredit: AFP
Prosecutors are probing how an 'unsinkable yacht' descended so quickly
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Prosecutors are probing how an 'unsinkable yacht' descended so quickly
The Bayesian (left) pictured at night
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The Bayesian (left) pictured at night
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