Man charged in Isla Bell's death fails to dismiss final charge

The man previously charged with killing 19-year-old Melbourne woman Isla Bell has failed in his attempt to have the final charge against him relating to her death thrown out.

Marat Ganiev, 55, was initially charged with the murder of Bell after her remains were found in a bag in a Dandenong rubbish tip on 20 November 2024, about six weeks after the night police believe she died.

Ganiev was charged with murdering Bell on 7 October 2024. Police alleged he killed the young woman at his St Kilda property and put her body in a fridge, which was then wrapped in plastic and tape, removed by a second man, and driven around Melbourne for days before being dumped.

Ganiev later had his charge downgraded to manslaughter and it was then withdrawn entirely in May, a week before his scheduled trial, with prosecutors saying they had insufficient evidence. Ganiev was then charged with attempting to pervert the course of justice.

Ganiev applied to the supreme court on 14 July for a permanent stay on his case, with his barrister arguing that the prosecution’s decision to file a new indictment a week before the trial was an abuse of process.

Justice James Elliott on Friday disagreed, finding the prosecutors were within their right to file a fresh indictment.

“Nothing has transpired that will stop Mr Ganiev from having a fair trial,” the judge said.

A new prosecutor had been retained to run the Ganiev trial and he clearly had formed a different view of the evidence, Elliott said.

“The prosecution is entitled to reconsider its case,” Elliot said. “It’s under an ongoing obligation to do so.”

Elliott noted applications to permanently stay a proceeding rarely succeeded and the court was concerned with protecting the integrity of its processes.

Ganiev, who watched Friday’s hearing on a video link, showed little emotion as the decision was handed down. He will return to the supreme court for a directions hearing in August.

Bell’s family, friends and supporters filled the courtroom and there were small gasps as Elliott handed down his decision.

Speaking outside court, Bell’s mother Justine Spokes told reporters she could not comment on the result.

“It’s just so gruelling, and my heart aches,” she said through tears.

Ganiev’s co-accused, Eyal Yaffe, 59, was originally charged with assisting an offender and attempting to pervert the course of justice, but prosecutors also withdrew those two charges and he walked free on 12 May.

The decision to downgrade and throw out the previous charges devastated Bell’s family, friends and supporters.

They have been demanding reform to the justice system, rallying outside the Victorian state library in May after prosecutors dropped the manslaughter charge, and again outside the court on 14 July, when Ganiev made the application for the stay of prosecution.