Italy lodged a formal protest on Saturday over the release on bail of the owner of a Swiss bar destroyed by a deadly New Year’s Day fire and recalled its ambassador to Switzerland, as the court decision drew criticism in both countries.

Jacques Moretti and his wife, Jessica, who own the Le Constellation bar in Crans-Montana, are being investigated for negligent homicide and other offences linked to the blaze, which killed 40 people and injured more than 100, many of them teenagers.

Moretti was arrested on 9 January but was released on bail on Friday.

Italian Prime Minister Giorgia Meloni described the decision as “an affront to the memory of the victims and an insult to their families”. Six of those killed were Italian nationals, as were 10 of the injured.

In a statement, the Italian government said Meloni and Foreign Minister Antonio Tajani had instructed Italy’s ambassador to contact Beatrice Pilloud, chief prosecutor in Switzerland’s Valais canton, to express Italy’s “strong indignation” at Moretti’s release.

The statement said the court had ordered his release despite the seriousness of the alleged offences, the risk of flight and concerns that evidence could be tampered with.

“Italy as a whole is demanding truth and justice and calling for measures that fully respect the suffering and expectations of the families affected by this tragedy,” the statement said.

Meloni and Tajani also ordered Ambassador Gian Lorenzo Cornado to return to Rome to consider possible further steps.

Pilloud confirmed to Swiss news agency Keystone SDA that she had been contacted by the Italian ambassador, but said the release had been ordered by a separate court.

“I do not wish to be responsible for a diplomatic incident between our two countries,” she said, adding that she would not bow to pressure and had advised the ambassador to raise the matter with Swiss political authorities.

A spokesperson for Switzerland’s foreign ministry was not immediately available to comment.

Moretti was released under bail conditions that included a payment of 200,000 Swiss francs and a requirement to report daily to a police station.

Lawyers representing victims and their families said they were struggling to understand the ruling and expressed concern that evidence could disappear.

“This is another blow to a wound that will never heal,” Andrea Costanzo, whose 16-year-old daughter Chiara died in the fire, was quoted as saying by Italian newspapers.

The Morettis have expressed their sorrow over the tragedy and said they will cooperate fully with investigators. Their lawyers said they would continue to comply with all requests from the authorities.

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