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Captain, 2 crew members from Mike Lynch's family yacht reportedly under investigation over sinking off Italy

By Anna Matranga

Updated on: August 28, 2024 / 10:47 AM EDT / CBS News

Rome — The engineer and a sailor from the crew of the luxury superyacht that sank off the coast of Sicily , killing British tech entrepreneur Mike Lynch and his 18-year-old daughter along with five other people, have been placed under investigation by Italian prosecutors along with the captain of the vessel, according to the Reuters and ANSA news agencies. CBS News could not immediately reach the prosecutors or lawyers for the Bayesian yacht's crew members to confirm the development, which comes about a week and a half after the vessel capsized on Aug. 19.

Engineer Tim Parker Eaton and sailor Matthew Griffiths, who was on night watch duty when the incident occurred, were reportedly placed under formal investigation for possible manslaughter and culpable shipwreck a few days after the 184-foot Bayesian yacht's captain, James Cutler, whose lawyers have confirmed that he's a subject of the probe.

After meeting with prosecutors for several days, Cutler, a 51-year-old New Zealander, has declined to answer any further questions, his lawyer said Wednesday.

"The captain exercised his right to remain silent for two fundamental reasons," attorney Giovanni Rizzuti told reporters. "First, he's very worn out. Second, we were appointed only on Monday and for a thorough and correct defense case, we need to acquire a set of data that at the moment we don't have."

Lynch and his daughter Hannah, 18, were among the passengers and one crew members who died when the superyacht sank rapidly during a violent storm in the pre-dawn hours of Aug. 19. The capsize of the high-tech vessel quickly raised questions, as another sailboat that had been anchored nearby off the coast of Palermo made it through the storm unscathed.  

Fifteen people, including Lynch's wife Angela Bacares, escaped to a life raft and were rescued by another boat that had been in the vicinity.

According to reports by Italian media, investigators are looking into whether the engineer, Eaton, might have neglected to activate security systems designed to automatically close all the hatches on the vessel, leaving the engine room to flood and possibly causing a power outage and the subsequent rapid flooding of the entire yacht.

Under Italian law, being placed under investigation does not necessarily mean formal charges will follow. 

During a press conference on Saturday, prosecutors said the investigation would require the wreck of the Bayesian to be salvaged from the seabed, where it currently sits at a depth of about 160 feet. 

Chief prosecutor Ambrogio Cartosio said his team would work to determine whether the captain, other crew members, or the yacht's manufacturers bear any responsibility for the sinking. 

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Divers Find 4 Bodies From Yacht That Sank Off Sicily

The discoveries came after the vessel went down this week in what some witnesses described as a waterspout, or a small tornado, during a violent downpour. No names were immediately released.

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By Emma Bubola and Elisabetta Povoledo

Emma Bubola reported from Porticello, Sicily, and Elisabetta Povoledo from Piedmont, Italy.

After three days of searching the hull of a sailing yacht that sank off the coast of Sicily, divers on Wednesday recovered the bodies of four passengers who were believed to have been trapped inside their cabins when the vessel went down, officials in Sicily said.

The yacht, the Bayesian, with 10 crew members and 12 passengers, was caught in what some witnesses described as a waterspout , essentially a small tornado on water, during a sudden and violent downpour in the pre-dawn hours of Monday.

The recovery of the four bodies was confirmed by Salvatore Cocina, head of Sicily’s civil protection agency, but officials have not yet identified them publicly. Body bags were lifted from a firefighting vessel in Porticello, Sicily, on Wednesday afternoon as a large group of rescuers stood by in their uniforms.

On the dock, a crowd of reporters and bystanders watched on in near complete silence, as a church bell tolled in the background.

Although 15 people made it to safety and the yacht’s cook was confirmed dead, the fate of the remaining six people , including a British tech entrepreneur, Mike Lynch, had been formally unresolved until the update on Wednesday.

In addition to Mr. Lynch, the remaining people who had been identified as missing by the authorities were his daughter Hannah; Jonathan Bloomer, the chairman of Morgan Stanley International; his wife, Judy Bloomer; Christopher J. Morvillo, a lawyer at Clifford Chance; and his wife, Neda Morvillo.

They were part of a group of people celebrating a legal victory for Mr. Lynch, who was acquitted in June of fraud charges tied to the sale of his company, Autonomy , to the tech giant Hewlett-Packard.

The body of the yacht’s cook, Recaldo Thomas, who held Canadian and Antiguan citizenship, was recovered earlier from the water, the Sicilian civil protection agency said.

Deep sea divers with the Vigili del Fuoco, Italy’s firefighting corps, were able to reach the bodies after dealing with what Luca Cari, their spokesman, described as “very difficult” conditions.

The yacht had settled on its side, about 165 feet below the surface, and divers could only remain underwater for a limited amount of time. To complicate matters, they had to navigate through broken furnishings and electrical wiring that blocked the tight spaces inside the hull.

Because of an editing error, an earlier version of this article transposed the number of crew members and passengers on the Bayesian yacht. There were 10 crew members and 12 passengers, not the other way around.

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Emma Bubola is a Times reporter based in Rome. More about Emma Bubola

Elisabetta Povoledo is a reporter based in Rome, covering Italy, the Vatican and the culture of the region. She has been a journalist for 35 years. More about Elisabetta Povoledo

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Everything We Know About the Final Moments of the Passengers Who Died in the Sicily Yacht Tragedy

Five of the seven victims had been "searching for air pockets" as the luxury yacht sank on Aug. 19, authorities said

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

The luxury yacht Bayesian that sank off the coast of Sicily on Monday, Aug. 19, resulted in the deaths of six passengers and one crew member.

Less than a week later, on Saturday, Aug. 24, Ambrogio Cartosio, the Chief Prosecutor of Termini Imerese, announced that Italian authorities were launching a manslaughter investigation into the sinking , and he identified all of the victims.

The seven victims who died in the tragic sinking were yacht chef Recaldo Thomas; British tech entrepreneur Mike Lynch and his daughter, Hannah Lynch; Christopher Morvillo and his wife, Neda ; and Morgan Stanley International chairman Jonathan Bloomer and his wife, Judy .

As authorities attempt to answer questions about what exactly led to the sinking of the 183-foot British-flagged vessel — which went down during a "violent storm,” the Italian Coast Guard previously told PEOPLE in a statement — here is what we currently know about the victims’ final moments.

FAMILY HANDOUT/EPA-EFE/Shutterstock

During the Aug. 24 press conference, Girolamo Bentivoglio Fiandra, head of the Palermo Fire Brigade, revealed that as the Bayesian began going down early Monday morning, “It was quite clear that people were trying to hide in the cabins.”

“In the left-hand side, we found the first 5 bodies in the left-hand side cabins, and the final body on the right-hand side,” Fiandra said. “We found them on the highest part of the ship, which was closer to the surface. The vessel had three cabins on each side.”

The five victims, who "took refuge” on the luxury yacht’s left side, had been "searching for air pockets" in a final attempt at survival," he added.

HANDOUT/Vigili del Fuoco/AFP via Getty

As for why the victims were in the cabins in the first place, Giovanni Costantino — who leads The Italian Sea Group, the company that now owns Perini Navi, which built the Bayesian back in 2008 — told CNN it was due to a “very long sum of errors."

"Everything that has been done reveals a very long sum of errors,” he said in his interview, translated from Italian. “The people should not have been in the cabins, the boat should not have been at anchor. And then why didn't the crew know about the incoming disturbance?”

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Prior to the storm and subsequent sinking, some of the luxury yacht’s passengers were in celebration mode. They had been commemorating the recent acquittal of one of the victims, Lynch, 59, a source close to the survivors previously told PEOPLE.

Two months ago, Lynch was acquitted on all counts of a series of fraud and conspiracy charges he faced in the U.S. after a years-long legal battle dating back to 2018.

Patrick McMullan/Patrick McMullan via Getty 

He celebrated the acquittal on the Bayesian with his daughter and his wife, Angela Bacare, who was rescued along with 14 others on board.

Also celebrating were Morvillo, 59, who represented Lynch in the case, and Bloomer, 70, who was a close friend of the tech entrepreneur.

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Five bodies found inside superyacht that sank off Sicily

PORTICELLO, Sicily — Divers recovered four bodies Wednesday from inside a superyacht that sank in a sudden storm off Sicily , Salvatore Cocina, director of the island's Civil Protection Agency, confirmed to NBC News.

Cocina later confirmed to Sky News that a fifth body had been found and was being brought to shore. One passenger remains missing.

The identities of the bodies were not immediately released. Their recovery follows a dayslong search in the deep waters off Italy where British tech tycoon Mike Lynch  and several others were believed to be trapped in the hull. Fifteen of the 22 people aboard survived.

The rest had been missing since early Monday, when the Bayesian was caught in the storm anchored off the coast of Porticello, a village near the Sicilian capital city, Palermo.

The body of the ship’s cook, identified as Recaldo Thomas, a Canadian Antiguan national, was recovered Monday. 

On Wednesday, NBC News witnessed what appeared to be at least three body bags being lifted from fire department boats after they pulled into port at Porticello. It was unclear whose bodies they were. Some were later transferred to ambulances and driven away from the dock.

Lynch’s 18-year-old daughter, Hannah; Morgan Stanley International Chairman Jonathan Bloomer and his wife, Judy; and Clifford Chance lawyer Chris Morvillo and his wife, Neda, are also missing. 

The Bayesian is owned by a firm linked to Lynch’s wife, Angela Bacares, who was among the survivors rescued by a nearby vessel after they got into a lifeboat.

Built by the Italian shipbuilder Perini Navi in 2008, the U.K.-registered yacht could carry 12 guests and a crew of up to 10, according to online specialist boating sites. Its nearly 250-foot mast is the tallest aluminum sailing mast in the world, according to CharterWorld Luxury Yacht Charters.  

Regularly described in U.K. media as “Britain’s Bill Gates,” Lynch was  acquitted of fraud by a San Francisco jury this year, stemming from the sale of his software company Autonomy to Hewlett-Packard for $11 billion in 2011.

The Mediterranean sailing vacation was designed to be a celebration for Lynch, who brought Bloomer, who testified in his defense, and Morvillo, one of his U.S. lawyers, on the trip.

Lynch's co-defendant Stephen Chamberlain was not aboard the Bayesian, but in what appears to be a tragic coincidence, a  car struck and killed  him Saturday as he was jogging in a village about 68 miles north of London, local police said.

Claudio Lavanga and Claudia Rizzo reported from Porticello. Henry Austin reported from London.

Claudio Lavanga is Rome-based foreign correspondent for NBC News.

Claudia Rizzo is an Italy based journalist.

Henry Austin is a senior editor for NBC News Digital based in London.