Lawyers representing victims of the deadly New Year's Eve fire at Le Constellation bar in Crans-Montana, Switzerland, have formally requested that charges against the bar's owners be upgraded from manslaughter to murder with possible intent. The move follows the emergence of text messages in which owner Jessica Moretti warned staff about the fire risk posed by sparklers near flammable materials.
The blaze, which killed 41 people and injured 115, is believed to have started when sparklers attached to champagne bottles ignited sound-insulating foam on the ceiling. Owners Jessica and Jacques Moretti currently face charges including manslaughter by negligence and arson by negligence. Twelve other suspects, including local officials, are also under investigation.
Lawyers Sophie Haenni and Ludovic Tirelli submitted the request after the Morettis' latest cross-examination on 5 June. During the hearing, the couple were shown WhatsApp messages from 2019 in which Jessica Moretti warned staff to be careful with sparklers, stating that if the carpet, sofas or ceiling foam caught fire, the bar would burn. Haenni argued that the messages showed the owners were "perfectly aware of the highly flammable nature of the acoustic foam" and accepted the risk, warranting a charge of murder with possible intent under Swiss law.
The Morettis' lawyers, Yaël Hayat and Nicola Meier, dismissed the allegations as "nonsense", noting that Jessica was present at the bar on the night of the tragedy, which they said was "the best alibi for this absurd accusation". Swiss criminal law defines "possible intent" as acting despite considering the offence possible and accepting the result, even if undesirable.
Additionally, Jessica Moretti faces a new charge of forgery related to an invoice for the sound-insulating foam panels. Her lawyers said the document from 2015 was "simply recorded in the accounts under a different name" and was not relevant to the case. The investigation continues.
