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

James Cutfield is under investigation in connection with the yacht that sank off the coast of Sicily, claiming seven lives

The captain of a sunken Italian yacht is under investigation after the accident off the coast of Sicily last week that killed seven people and left 15 survivors. 

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

He has been questioned several times by Italian authorities, a source close to the investigation previously told PEOPLE. Police have opened manslaughter and negligent shipwreck investigations in connection with the sinking, per Ambrogio Cartosio, the Chief Prosecutor of Termini Imerese.

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 questioning does 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 being investigated for negligent shipwreck and homicide, he is not under arrest. For a pre-trial arrest — as happened in the 2007 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 and could commit a similar crime.

Related: Could Open Hatches or a Large Mast Have Contributed to Sicily Yacht Sinking? What We Know So Far

Is there a precedent for a case like this?

This kind of investigation is not entirely unchartered territory.

Trabattoni notes similarities with the 2012 capsizing of Costa Concordia off the Tuscan island of Giglio, which killed 32 and left 4,200 survivors, as previously reported by the Associated Press and BBC.

Francesco Schettino, the captain of that ship, was later sentenced to 16 years in prison on charges similar to the ones Cutfield is possibly facing, per the outles. The search and rescue of the Bayesian is being conducted by the same crew that assisted with the Costa Concordia disaster, she says.

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?

Prosecutors have to prove beyond a reasonable doubt that the actions or omissions of the captain caused or contributed to the tragedy, Trabattoni says. They can do so by examining the boat and seeing if survivor and witness accounts are consistent with the physical evidence they find. 

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.

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?

Several crew members are now expected to be placed under investigation, local news outlets Rai, Adnkronos and Sky Italia report. One of them is the first mate of the yacht, Tijs Koopman, who has been asked to not leave the Sicilian city of Palermo so that he can be questioned, per Corriere della Sera and TV channel TG La7.

“What often happens, and what happened in the Costa Concordia case, 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.

The accident claimed the lives of several high-profile individuals. They have been identified by authorities as British tech entrepreneur Mike Lynch and his daughter, Hannah Lynch; the yacht's chef Recaldo Thomas; prominent New York attorney  Christopher Morvillo and his wife, Neda, and Morgan Stanley International chairman Jonathan Bloomer and his wife, Judy.

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Read the original article on People.