Lawyers representing victims of the deadly New Year’s Eve fire at the Swiss ski resort of Crans-Montana have formally asked prosecutors to increase the charges against the bar’s owners. This comes after text messages surfaced in which the owners discussed the fire risk.
The fire at Le Constellation bar killed 41 people and injured 115 others. Investigators believe it started in the basement when sparklers attached to champagne bottles were held too close to sound-insulating foam on the ceiling.
The bar’s owners, Jessica and Jacques Moretti, are currently facing charges including manslaughter by negligence and arson by negligence. Another 12 suspects, including several current and former local officials, are also under criminal investigation.
On Wednesday, lawyers for some of the victims—most of whom were teenagers—told Swiss public broadcaster RTS that they had asked investigators to upgrade the charges against the Morettis from manslaughter by negligence to murder with possible intent.
The public prosecutor for Valais canton confirmed to Agence France-Presse that two lawyers, Sophie Haenni and Ludovic Tirelli, had formally submitted the request. This followed the couple’s latest cross-examination by investigating magistrates in Sion last Friday.
During that hearing, the lawyers said, the couple were shown messages from a WhatsApp group in which Jessica Moretti warned staff to be careful with sparklers. She said that if the carpet, sofas, or ceiling foam caught fire, the bar would burn.
Haenni told AFP she had given prosecutors the messages, which dated from 2019. She said they showed that the Morettis—who have denied any wrongdoing—were “perfectly aware of the highly flammable nature of the acoustic foam.”
Haenni, who represents the family of an employee who died in the fire, said: “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.”
The couple’s lawyers have dismissed the allegations that they were aware of the danger, calling them “nonsense.”
“How can anyone argue that the Morettis foresaw a mortal risk? Worse still, that they would have accepted it?” Yaël Hayat and Nicola Meier told RTS. “Jessica was at the scene the night of the tragedy. Her presence is the best alibi for this absurd accusation.”
Under Swiss criminal law, “possible intent” exists when a perpetrator “considers the commission of the offence to be possible but acts anyway, because he accepts this result if it occurs … even if he judges it to be undesirable and does not wish it.”
The Morettis’ lawyers also confirmed that at the June 5 hearing—which was attended by victims’ families and their lawyers—Jessica was notified of a new charge of forgery related to the invoice for the sound-insulating foam panels.
The couple’s lawyers said the document, from 2015, had “simply been recorded in the accounts under a different name” and was not relevant to the case.
Frequently Asked Questions
Here is a list of FAQs based on the topic The bereaved from the CransMontana fire are calling for murder charges to be filed against the bar owners
BeginnerLevel Questions
1 What happened in CransMontana
A fire broke out in a bar and unfortunately some people died The families of the victims are very upset
2 Why are the families asking for murder charges
They believe the bar owners did something very wrong or were careless in a way that led to the deaths They think its more serious than a simple accident
3 Whats the difference between murder and manslaughter
Murder usually means someone intended to kill or cause serious harm Manslaughter often means someone caused a death through reckless or negligent behavior but without the intent to kill The families are arguing the owners actions were so bad it should be considered murder
4 Who are the bereaved
That just means the family members and close friends of the people who died in the fire
5 Is this a criminal case or a civil case
This is a criminal case The families are asking the police and prosecutors to file criminal charges against the owners
AdvancedLevel Questions
6 What specific evidence would make a murder charge possible instead of manslaughter
Prosecutors would need to show the bar owners acted with dolus eventualis This means they knowingly accepted the high risk of death as a possible outcome of their actions
7 What is the legal standard for murder in Switzerland in this context
Swiss law defines murder as killing someone with a particularly reprehensible state of mind The families are likely arguing that reckless disregard for human life qualifies as a base motive However its a high legal bar to clear
8 What common problems do families face when trying to get murder charges filed in a fire case
The biggest problem is proving
