Ask Onix
Lawyers defend bar owners after fatal blaze
Legal representatives for the owners of Le Constellation bar in Crans-Montana have spoken out, dismissing accusations of negligence and misconduct following a New Year's Eve fire that claimed 40 lives and injured 116.
Owners 'devastated' but deny prior knowledge of risks
Jessica and Jacques Moretti, the bar's proprietors, are "devastated" by the tragedy but insist they were unaware of any hazards at their venue, their lawyers told local media. Yaël Hayat, one of the couple's three attorneys, condemned what she described as a "public vindictiveness" targeting her clients.
Preliminary findings from the investigation indicate the fire started when sparklers on champagne bottles ignited soundproof foam lining the basement ceiling. Authorities confirmed the bar had not undergone safety inspections for five years.
Victims and allegations
The majority of those killed or injured were young, with eight victims under 16. Many survivors remain hospitalized with severe burns. Since the fire, local media has circulated stories about the couple's past and their management of the venue, intensifying scrutiny on both the owners and investigators.
In an interview with Tribune de Genève, the lawyers stated the Morettis are determined to "restore the truth." Hayat denied reports that Jessica Moretti fled the scene with cash from the register, telling BFMTV: "She did not leave in a hurry; she stayed to assist and support the injured."
Questions over responsibility and materials
Patrick Michod, Jacques Moretti's lawyer, acknowledged his client's sense of responsibility as the establishment's operator but emphasized that criminal liability is a separate matter. When asked about the flammable ceiling foam, Michod said his client purchased the material from a "major construction retailer" that failed to disclose its combustibility.
"He did not intend to install highly flammable foam. He wanted acoustic foam,"
Patrick Michod, lawyer for Jacques Moretti
Tributes and legal battles
Lawyers for the family of Cyane Panine, a staff member who died in the fire, stated she received no safety training and was unaware of the ceiling's danger. Hayat described Panine as a close friend of the Morettis and shared a postcard she wrote to them, as reported by Tribune de Genève:
"I hope I will continue to grow alongside you and that we will spend many more New Year's Eves together [...] you are like my second family."
Legal proceedings and custody
The Morettis face charges of manslaughter by negligence, bodily harm by negligence, and arson by negligence. A Swiss court recently imposed a travel ban on Jessica Moretti, requiring her to surrender her passport and report to police daily as an alternative to pre-trial detention. She previously expressed remorse, calling the tragedy "unthinkable."
Jacques Moretti remains in custody for an initial 90-day period. Prosecutors argue both owners pose a flight risk and have requested a bail of 400,000 Swiss francs ($500,000; £374,000)-200,000 francs each for their release. Michod has filed a request for Jacques Moretti's release.