A Swiss court on Monday ordered that the co-owner of a bar in the upscale ski resort of Crans-Montana that caught fire on New Year’s Day, killing 40 people, must remain in custody.

The court said in a statement that Jacques Moretti will be held for a provisional period of three months, but that this could be reviewed if measures are taken to counter the risk of flight, such as a security deposit.

Prosecutors for the Valais canton initially ordered Moretti to be detained on Friday after a lengthy hearing with him and his wife, Jessica.

Jessica Moretti’s lawyers said in a statement on Monday that the court’s decision will allow her husband to regain his freedom once the conditions have been met.

“This authority has taken into account the unconditional commitment of Jessica Moretti and her husband not to evade the legal proceedings they will be facing together,” they said.