Where did you read that the vessel was overloaded? The capsize could very well have been caused by a breach in the hull and the subsequent free surface effects and tipping moments. The EPIRB could very well have become trapped by the vessel when it capsized. Sure, they're supposed to be in a position where they can float free but think about the EPIRB on you vessel and I'm sure you can come up with a scenario where it becomes trapped.
IMO there's not enough infomation in this article to warrent judging a captain who sacrificed his life to send out one last MAYDAY call which saved the lives of his crew.




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