The captain of a superyacht that sank during a storm off Sicily last week, killing seven people including British tech magnate Mike Lynch, has decided not to respond to prosecutors’ questions, his lawyer said.

James Cutfield, a 51-year-old New Zealand national, is under investigation for possible manslaughter and culpable shipwreck charges and was questioned for the third time by the Termini Imerese prosecutors on Tuesday.

His lawyer Aldo Mordiglia said of his client: “He just exercised his right to remain silent, probably prosecutors were expecting that.”

Mr Mordiglia added that the captain’s legal team has just been named and needs time to work on his defensive strategy.

Mike Lynch
Mike Lynch and his daughter died when the vessel sank (Yui Mok/PA)

Cutfield was among 15 survivors of the sinking on August 19 that killed Mr Lynch, his daughter Hannah and five others.

Chief prosecutor Ambrogio Cartosio, who is heading the investigation, has said his team would consider each possible element of responsibility including those of the captain, the crew, individuals in charge of supervision and the yacht’s manufacturer.

The Bayesian, a 184ft British-flagged luxury yacht, went down near the Mediterranean island in southern Italy.

Investigators are focusing on how a sailing vessel deemed “unsinkable” by its manufacturer, Italian shipyard Perini Navi, sank while a nearby sailing boat remained largely unscathed.

Prosecutors said the event was “extremely rapid” and could have been a “downburst” – a localised, powerful wind that descends from a thunderstorm and spreads out rapidly upon hitting the ground.

The crew was saved, except for the chef, while six passengers were trapped in the hull.