Lawyers for victims of the New Year's Eve fire at Le Constellation bar in Crans-Montana have asked Swiss prosecutors to upgrade charges against the owners from manslaughter to murder, after text messages emerged showing they were aware of the fire risk. The blaze killed 41 people and injured 115, most of them teenagers.
The bar's owners, Jessica and Jacques Moretti, currently face charges of manslaughter by negligence and arson by negligence. However, lawyers Sophie Haenni and Ludovic Tirelli have submitted a formal request to the Valais public prosecutor, arguing that WhatsApp messages from 2019 prove the couple knew the bar's acoustic foam was highly flammable and accepted the risk.
In the messages, Jessica Moretti warned staff to be careful with sparklers because if the carpet, sofas or ceiling foam caught fire, the bar would burn. Haenni, representing the family of an employee who died, said: 'The Morettis knew the bar could catch fire. They were aware of the risk and they accepted it.' Under Swiss law, 'possible intent' applies when a perpetrator considers an offence possible but acts anyway, accepting the result.
The Morettis' lawyers dismissed the allegations as 'nonsense', noting that Jessica was present on the night of the tragedy. They said: 'Her presence is the best alibi for this absurd accusation.' The couple also face a new forgery charge related to the invoice for the foam panels, which their lawyers said was merely recorded under a different name in the accounts.
The investigation, which also involves 12 other suspects including local officials, continues. The request to upgrade charges will be considered by the investigating magistrates.
