Lawyers representing victims of the deadly New Year's Eve fire at Le Constellation bar in Crans-Montana, Switzerland, have formally requested that prosecutors upgrade charges against the bar's owners from manslaughter to murder with possible intent. The request follows the emergence of text messages in which 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, along with 12 other suspects including local officials.
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 those 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, who represents a deceased employee's family, argued that the messages prove the Morettis 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, this applies when a perpetrator considers an offence possible but acts anyway, accepting the result even if undesired.
The Morettis' lawyers dismissed the allegations as "nonsense," noting that Jessica was present at the bar on the night of the tragedy, which they called "the best alibi for this absurd accusation." They also confirmed that Jessica faces a new forgery charge related to an invoice for the foam panels, which they said was simply recorded under a different name and irrelevant to the case.
