Lawyers for victims of the New Year's Eve fire at Le Constellation bar in Crans-Montana, Switzerland, have formally requested prosecutors to upgrade charges against the bar's owners from manslaughter to murder with possible intent. The move comes after text messages emerged showing the owners discussed the risk of fire.
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 of manslaughter by negligence and arson by negligence.
Lawyers Sophie Haenni and Ludovic Tirelli submitted the request after a hearing on 5 June, where the couple were confronted with WhatsApp messages from 2019. In them, 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 told AFP the messages demonstrated the Morettis were “perfectly aware of the highly flammable nature of the acoustic foam”. She argued: “The Morettis knew the bar could catch fire. They were aware of the risk and they accepted it. The charge should no longer be negligence but murder with possible intent.”
However, the couple’s lawyers dismissed the allegations as “nonsense”. Yaël Hayat and Nicola Meier told RTS: “How can anyone argue that the Morettis foresaw a mortal risk? Worse still, that they would have accepted it? Jessica was at the scene the night of the tragedy. Her presence is the best alibi for this absurd accusation.”
Under Swiss law, “possible intent” applies when a perpetrator considers an offence possible but acts anyway, accepting the result even if they do not wish it. Additionally, Jessica Moretti faces a new forgery charge related to the invoice for the sound-insulating foam, which her lawyers say was simply recorded under a different name and is not relevant.
