Lawyers representing victims of the New Year's Eve fire in the Swiss ski resort of Crans-Montana have formally requested prosecutors to upgrade charges against the bar's owners to murder with possible intent, after text messages emerged showing they were aware of the fire risk.
The blaze at Le Constellation bar killed 41 people and injured 115. Investigators believe it started when sparklers attached to champagne bottles ignited sound-insulating foam on the basement 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 which Jessica Moretti warned staff to be careful with sparklers because the bar could burn if the carpet, sofas or ceiling foam caught fire. Haenni argued this showed the Morettis were "perfectly aware of the highly flammable nature of the acoustic foam" and accepted the risk.
The Morettis' lawyers dismissed the claim as "nonsense", noting that Jessica was present at the scene the night of the fire, which they said was the "best alibi" against the accusation. Under Swiss law, "possible intent" applies when a perpetrator considers the offence possible but acts anyway, accepting the result even if undesirable.
At the same hearing, Jessica Moretti was also notified of a new forgery charge related to the invoice for the sound-insulating foam panels. Her lawyers said the document had been recorded under a different name and was not relevant to the case. Twelve other suspects, including local officials, remain under investigation.
