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British crew members and Bayesian captain under investigation 'have left Italy' as probe into superyacht disaster which killed seven people continues
Two British crew members and the captain of the doomed Bayesian yacht have been allowed to fly home after being placed under formal investigation for 'causing a disaster and multiple manslaughter', MailOnline can reveal.
Tim Parker-Eaton, 56, and Matthew Griffiths, 22, join the skipper New Zealander James Cutfield, 51, in a list of those warned they are being probed following the tragic sinking of the yacht which cost seven people their lives.
Those who died included British tech billionaire Mike Lynch, 59, and his daughter Hannah, 18, who was due to start at Oxford University later this year, four other guests and the Bayesian's resident chef.
In total three people are now being formally investigated for the sinking which happened off the coast of the village of Porticello, near Palermo, on the Italian island of Sicily on August 19 but the probe could be widened to others crew members.
Being investigated does not equate to being charged and is a procedural step.
The men are thought to have flown out on a private jet that landed in Palermo on Wednesday afternoon after flying in from the Spanish island of Majorca.
Mr Cutfield is thought to have returned to his home on Majorca while Mr Parker-Eaton, who is from Clophill, Bedfordshire, is also though to live there, while Mr Griffiths lives in France.
Speaking exclusively to MailOnline, Mario Scopesi, who is representing the two British men, said: 'The crew all left Sicily on Wednesday and have been allowed to return home with no restrictions from the prosecutors.
Skipper James Cutfield (pictured) is being formally investigated for shipwreck and multiple manslaughter
Tim Parker-Eaton, 56, who has been the Bayesian chief engineer since 2013, is also being investigated
Another British crew member, Matthew Griffiths, is also under investigation after the £30m Bayesian sunk off the coast of Sicily last week
The tragic sinking of the Bayesian yacht (pictured) cost seven people their lives on August 19
'I had a brief meeting with Tim and Matthew in Sicily before they left and they were doing well but obviously tired from the situation which has left them very drained.
'They are both very professional in their job and it would be wrong of me to pass any opinion on what happened, that is up to the investigation but what I will say is that they were in a situation where extreme weather played an important role.
'Both will do their best to provide us and the prosecutors with all the elements they can remember from what happened that night but they are still confused.
'I can categorically deny claims that they left so they wouldn't have to speak to the investigating authorities It was all perfectly transparent and cooperative.
'To have kept them in Sicily there would have needed to be serious proof of a crime but at this moment there is no strong evidence of guilt and so they were allowed to leave.'
Mr Scopesi explained to MailOnline that he was appointed by Revtom, the owners of the Bayesian, and whose sole director is Mr Lynch's wife Angela Bacares, who was rescued after the sinking.
He added: 'The weather will play a key part in any eventual trial and the role of both my clients will also be investigated but that is a job for the prosecutors and we will see what the consultants and technicians have to say.
'All I will add is that both my clients were awake at time of the storm but we need to understand the impact the weather had on the situation and what should or shouldn't have been done.
'The boat was in perfect condition and the crew are all experts, I hope that both my clients will return to sailing as soon as possible but for the time being they have been allowed home.
'They shook hands with the coastguards as they left and they were not obliged to stay at all by the prosecutors, the only hold up was waiting for new passports as they had been lost in the sinking.
'They have cooperated fully with the prosecutors, and they will do so in the future but this investigation will take a long time. It will take major technical investigations to reconstruct this complex shipwreck.
'Things will move very slowly, the autopsies will happen shortly and then the next step will be the raising of the yacht at some stage but that won't happen for a few months.'
British tech tycoon Mike Lynch and his 18-year-old daughter Hannah both died in the Bayesian tragedy when the superyacht sank off the coast of Sicily
Recaldo Thomas, chef on the Bayesian, was the first person to be recovered after the yacht sank on Monday
Judy and Jonathan Bloomer died on the Bayesian as it capsized and sank in the ocean
The bodies of Neda and Chris Morvillo, pictured in 2018, were also retrieved following the tragedy
Mr Parker-Eaton was the ship's engineer while Mr Griffiths is said to have been the night watchman, officials are also said to be considering placing the first officer, Dutchman Tijs Koopmans, 33, under formal investigation.
No charges have officially been brought against any of the crew and under Italian law being placed under investigation does not necessarily mean that an indictment will follow as it will be for an examining magistrate to decide once the file is presented if there is enough evidence to go to trial.
A defence source told MailOnline:' This investigation will take many, many months and for a start it will have to wait until the Bayesian is raised from the seabed which may not happen until October.
'Even that will be a laborious operation so it will be a long time before we know anything for sure against any of those who have been placed under formal investigation by the prosecutors in Palermo.'
The £30 million superyacht Bayesian sank in the early hours of the morning after it was hit by a violent downburst, as it lay anchored off the coast of Porticello.
Mr Cutfield (pictured) has been allowed to leave Italy, his lawyer told MailOnline today
Search vessels returning to shore on Friday after Hannah Lynch's body was discovered
Following the tragedy Giovanni Costantino CEO of Italian Sea Group, which owns the Bayesian's builders Perini Navi, claimed 'human error' had led to the sinking with the crew failing to be 'prepared' for the storm and 'hatches being left open'.
There are also reports that the keel of the Bayesian - which helps maintain stability - was not fully deployed and IAS data from the yacht shows that it sank in just 16 minutes after being bit by the violent storm.
This will all form part of the official probe which is being led by by the prosecutors and one of the key questions will be why did the crew manage to escape while those who died were all passengers apart from the chef Recaldo Thomas.
The others who died were Jonathan Bloomer, chairman of Morgan Stanley International, his wife Judy, Chris Morvillo, a lawyer and Clifford Chance and Neda his wife, while fifteen others, including Mr Lynch's wife Angela, survived.
The 56m Bayesian - which was famous for its 76m aluminium mast - is currently lying at a depth of 165ft just off Porticello and there is also a growing concerns for more than 18,000 litres of fuel onboard which could cause an environmental disaster.