The lawyer for the family of a victim of a devastating New Year’s fire in Switzerland on Friday demanded the recusal of the prosecutors in charge of the case, accusing them of “serious misconduct”.
The fire at the Le Constellation bar in the ski resort of Crans-Montana killed 41 people and injured 115, mainly teenagers and young adults.
Investigators believe the fire started when champagne bottles with sparklers attached were raised too close to a ceiling, igniting the sound insulation foam.
There have been questions about why the bar had not undergone obligatory annual fire inspections since 2019.
In a motion seen by AFP, lawyer Garen Ucari requested that the three investigating magistrates and their bosses step aside due to “the existence of an unprecedented number of serious shortcomings and serious errors… in the conduct of proceedings”.
Echoing criticisms from several lawyers and relatives of victims, Ucari said there had been a lack of measures “aimed at mitigating a risk of collusion”, questioning why the bar’s owners had not been detained from the outset of the investigation.
Ucari, who represents the father of a young woman killed in the fire, also condemned what he called prosecutors’ delay in searching premises and seizing documents, recordings and mobile phones, saying evidence may have been destroyed or tampered with in the interim.
Another lawyer, Sebastien Fanti, who represents four injured victims’ families, said a “multitude of questions” and widespread “disapproval” of the prosecutors’ conduct of the investigation had made a recusal request inevitable.
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Bar owners ‘devastated’
Earlier, the bar’s co-owner, Jacques Moretti, said he and his wife thought about the victims of the fire all the time, as he arrived in the nearby city of Sion for a hearing as part of the criminal investigation he faces alongside his spouse and co-owner, Jessica.
“Not a single moment goes by when we don’t think of the victims — not a single moment,” said Moretti.
“We are devastated.”
The French couple are facing charges of manslaughter by negligence, bodily harm by negligence and arson by negligence.
Two other people are currently under criminal investigation — the town’s head of public safety and a former Crans-Montana fire safety officer.
Friday’s hearing chiefly concerned the current head of safety and fire prevention in Crans-Montana.
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On Monday, his predecessor will be questioned by the public prosecutor of the Wallis region, where Crans-Montana is located.
Jacques and Jessica Moretti are then to be heard separately, on February 11 and 12 respectively, according to summons seen by AFP.
Jacques Moretti was taken into custody for two weeks in January, before being released on bail. He and his wife have been barred from leaving the country, among other restrictive measures.
The investigation will aim to shed light on the exact circumstances of the fire, the owners’ compliance with regulations and the potential criminal responsibility of local authorities.
