Crans-Montana bar owners warned staff about sparklers in 2019

Messages from 2019 show that the owners of the Le Constellation bar in Crans-Montana warned staff about the fire risks posed by sparklers, SRF reported, citing information obtained by its French-language broadcaster RTS.

In a WhatsApp message sent to staff on November 12, 2019, bar operator Jacques Moretti reprimanded an employee for giving a sparkler to a customer. “Do not give sparklers to guests,” he wrote, warning that if one fell on the floor or a sofa, “the Constellation will burn”.

A month later, his wife Jessica sent staff a message saying that if guests wanted sparklers, they should stay with them until they had gone out. She also warned that a sparkler could set fire to the foam on the ceiling if a guest held it up.

The messages, which RTS has seen, are now part of the criminal investigation file. Lawyers for several victims’ families say they show the Morettis knew about the danger and accepted the risk. They argue the couple should face charges of intentional homicide with conditional intent rather than negligent homicide.

The Morettis’ lawyers reject that interpretation. They told RTS that they themselves handed the messages to prosecutors, and said the exchanges show the couple had considered risks such as fires and property damage. They argue that concern about a risk does not mean someone accepted the possibility of death, and say the messages do not show conditional intent.

The couple currently face a possible prison sentence of less than five years. If prosecutors instead pursue charges of intentional homicide with conditional intent, they could face up to 20 years in prison.