DistantNews
Support us
๐Ÿ‡ฌ๐Ÿ‡ง United Kingdom /Crime & Justice

Isla Bell death: man previously accused of killing Melbourne teen loses bid to have final charge dropped

From The Guardian · () English

Summarized and contextualized by DistantNews.

At a glance

News Named sources In the courts
  • A man accused of killing 19-year-old Isla Bell has failed in his bid to have the final charge against him dropped.
  • Marat Ganiev, 55, was initially charged with murder, then manslaughter, before the charge was withdrawn due to insufficient evidence.
  • He was subsequently charged with attempting to pervert the course of justice, and his application for a permanent stay on the case was denied.

Marat Ganiev, 55, who was previously charged with the murder of 19-year-old Isla Bell, has been unsuccessful in his attempt to have the latest charge against him dismissed. Bell's remains were discovered in a bag at a Dandenong rubbish tip on November 20, 2024, approximately six weeks after police believe she died.

Ganiev was initially charged with murder on October 7, 2024. Police alleged that he killed Bell at his St Kilda property, stored her body in a refrigerator, and that a second man then transported the body, wrapped in plastic and tape, before it was dumped. The murder charge was later downgraded to manslaughter and then entirely withdrawn in May, a week before his scheduled trial, with prosecutors citing insufficient evidence.

Nothing has transpired that will stop Mr Ganiev from having a fair trial.

โ€” Justice James ElliottJustice Elliott ruled that the prosecution was within its rights to file a fresh indictment against Marat Ganiev.

Following the withdrawal of the manslaughter charge, Ganiev was charged with attempting to pervert the course of justice. He subsequently applied to the Supreme Court on July 14 for a permanent stay of proceedings, arguing that the prosecution's decision to file a new indictment shortly before the trial constituted an abuse of process. However, Justice James Elliott disagreed, ruling that the prosecutors were within their rights to file a fresh indictment.

The prosecution is entitled to reconsider its case. It's under an ongoing obligation to do so.

โ€” Justice James ElliottJustice Elliott explained the prosecution's right to review its case before a trial.

Justice Elliott stated that "Nothing has transpired that will stop Mr Ganiev from having a fair trial." He noted that a new prosecutor had been appointed for the trial and had formed a different view of the evidence, emphasizing that "The prosecution is entitled to reconsider its case. It's under an ongoing obligation to do so." The judge also pointed out that applications for a permanent stay are rarely successful and that the court's primary concern is protecting the integrity of its processes.

Ganiev, who observed Friday's hearing via video link, showed little emotion upon hearing the decision. He is scheduled to return to the Supreme Court for a directions hearing in August. Bell's family, friends, and supporters, who filled the courtroom, reacted with audible gasps to the judge's ruling. Outside the court, Bell's mother, Justine Spokes, expressed her grief, stating, "It's just so grueling, and my heart aches." Ganiev's co-accused, Eyal Yaffe, 59, who faced charges of assisting an offender and attempting to pervert the course of justice, also had those charges withdrawn and was freed on May 12. The decision to downgrade and drop the earlier charges had deeply affected Bell's loved ones, who have been advocating for justice system reforms.

It's just so grueling, and my heart aches.

โ€” Justine SpokesIsla Bell's mother expressed her emotional distress following the court's decision.
DistantNews Editorial

Originally published by The Guardian. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.