Swiss prosecutors face growing criticism over delays and handling of the Crans-Montana bar fire probe that killed 40 on New Year’s Day
GENEVA: Public prosecutors in Switzerland’s Wallis canton are facing a barrage of criticism over their handling of the investigation into the deadly New Year bar inferno.
The January 1 blaze at Le Constellation in the Wallis ski resort of Crans-Montana left 40 people dead – including nine French and six Italian nationals – and injured 116 others.
Nearly four weeks on, frustration is mounting among the victims’ lawyers on several fronts.
They were stunned that investigators were not sent to the scene, the bar owners’ home or to the Crans-Montana municipal offices on day one.
Le Constellation was first searched on January 7, while a search of the owners’ home has been ordered, but not yet carried out, according to civil parties in the case.
“The risk of crucial evidence disappearing is greater than ever,” said lawyer Christophe de Galembert, who is representing a bereaved father.
Le Constellation’s owners are French couple Jacques and Jessica Moretti.
“What surprised me most was the lack of immediate detention” of the couple, to avoid the risk of potential collusion, lawyer Miriam Mazou, who represents the family of a victim, told AFP.
An expert, speaking on condition of anonymity, told AFP that their detention would have “guaranteed that the evidence could be immediately secured, without the risk of recordings or documents disappearing, coordinated responses being prepared, or contact being made with potential future participants or witnesses”.
8 days to seize mobiles
On January 6, the investigation — initially entrusted to a young magistrate on duty the night of the disaster — was handed to a pool of three prosecutors.
Mazou unsuccessfully sought the appointment of a special prosecutor to handle the high-profile case.
The Morettis are under criminal investigation, facing charges of manslaughter by negligence, bodily harm by negligence and arson by negligence.
Their mobile phones were seized on January 9, “at the insistence of several lawyers”, said a source close to the case.
Jacques Moretti was finally detained in custody that day, then allowed to leave on bail of 200,000 Swiss francs ($250,000) on January 23.
Like his wife, he is now subject to certain restrictions.
On Saturday, Italian Prime Minister Giorgia Meloni voiced her “strong indignation” over Jacques Moretti being bailed.
The decision by the Wallis Compulsory Measures Court has also left bereaved families speechless.
“For my clients, this release seems premature, especially since the hearings for each of the defendants have not been completed,” lawyer Laurence Casays, representing three families, told AFP.
‘Not making progress’
The Morettis’ second formal interview last week also irked lawyers.
The hearings were held in rooms too small to accommodate the 27 lawyers representing civil parties.
The defendants were allowed to attend each other’s interviews, review the transcripts together, and have lunch in private, several lawyers told AFP.
“It seems quite inconceivable to me,” said one source close to the case, adding however that “with all the evidence that will be presented, their statements will be contested” nonetheless.
The Morettis’ interviews will resume at a date to be determined.
“We’re not making any progress,” one lawyer fumed.
“We have two witness hearings — employees — scheduled for this week on Thursday and Friday, but that’s it for now.”
The lack of mandatory post-mortem examinations to determine how the victims died “is obviously problematic”, De Galembert said.
“The Italian authorities quite rightly ordered several autopsies, even several exhumations following the tragedy, because the Swiss authorities hadn’t done it.”
Lawyer Romain Jordan, who represents several families, has launched an online platform to collect photos, videos and testimonies from the night of the fire.
“In fact, we are the ones requesting measures and getting the public prosecutor’s office to act,” one lawyer said.
