Lawyers representing victims of the deadly New Year's Eve fire at Le Constellation bar in the Swiss ski resort of Crans-Montana have formally requested prosecutors upgrade charges against the bar's owners from manslaughter to murder with possible intent. The move follows the emergence of text messages that allegedly show the owners were aware of the fire risk.
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. Bar owners Jessica and Jacques Moretti currently face charges including manslaughter by negligence and arson by negligence. A further 12 suspects, including local officials, are under investigation.
Lawyers Sophie Haenni and Ludovic Tirelli submitted the request after the Morettis' latest cross-examination, during which they were confronted with WhatsApp messages from 2019. In the messages, 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 the messages demonstrate 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.
The Morettis' lawyers, Yaël Hayat and Nicola Meier, dismissed the allegations as 'nonsense', pointing out that Jessica was present at the scene on the night of the tragedy, which they claim 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 undesirable.
Additionally, Jessica Moretti faces a new forgery charge related to the invoice for the sound-insulating foam panels. The couple's lawyers said the document was 'simply recorded in the accounts under a different name' and is irrelevant to the case. The investigation continues.
