Breaking: Man linked to Isla Bell death fails to have case thrown out

A man accused in connection with the death of Melbourne woman Isla Bell will face trial after a judge rejected his attempt to have the case thrown out. Marat Ganiev, 55, had applied for a permanent stay of proceedings, arguing that repeated changes to the prosecution's case amounted to an abuse of process.

Isla Bell's remains were discovered at a waste facility in November 2024, approximately six weeks after she was last seen at Ganiev's St Kilda East home. Ganiev was initially charged with murder, a charge that was later reduced to manslaughter. However, shortly before the trial was set to begin this year, prosecutors discontinued the manslaughter charge.

Instead, a new indictment was filed, charging Ganiev with attempting to pervert the course of justice. Ganiev's lawyer contended that these shifts in the prosecution's strategy were unfair and constituted an abuse of the legal process. The defense sought to permanently halt the legal proceedings based on these arguments.

During the hearing, Justice Elliott disagreed with the defense's claims. The judge stated that the prosecution was within its rights to pursue a fresh charge related to a different aspect of the case. Justice Elliott concluded that the alterations in the prosecution's case could not be characterized as an abuse of process and therefore denied Ganiev's application for a permanent stay.

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can't be characterised as an abuse of process