Former accused killer fails to get last charge tossed

A man previously accused of murdering teenager Isla Bell will continue to stand trial on a lesser charge after losing his bid to have his trial permanently postponed.

Marat Ganiev, 55, was first charged with murder after the remains of 19-year-old Ms Bell were found in a refrigerator bin in 2024.

He was determined to stand trial, but when the case reached the Supreme Court of Victoria the prosecution downgraded the charge to manslaughter.

About a week before his scheduled trial in May, the prosecution dropped the manslaughter charge and filed a new indictment, accusing Ganiev of trying to pervert the course of justice.

His lawyer argued it was an abuse of process, but Judge James Elliott disagreed Friday and found prosecutors had the right to file a new indictment.

“Nothing has emerged that would prevent Mr. Ganiev from receiving a fair trial,” the judge said.

Judge Elliott said a new prosecutor had been hired to handle the Ganiev case and he clearly had a different view of the evidence.

“The prosecution has the right to re-evaluate the case,” the judge said.

“Doing so is a constant necessity.”

Justice Elliott said applications to permanently stay a case were rarely successful and that the court was concerned with preserving the integrity of its processes.

Ganiev, who watched Friday’s hearing via video link from prison, showed little sign of emotion as the verdict was announced.

He will return to the High Court for a directions hearing in August.

Ms. Bell’s family, friends and supporters filled the courtroom and let out small gasps as Judge Elliott announced his decision.

Ms Bell’s mother, Justine Spokes, told reporters outside court that she could not comment on the outcome.

“This is so grueling and my heart hurts,” she said through tears.

The charges of another man, Eyal Yaffe, were halted by prosecutors in May after he previously confronted the co-offender and perverted the course of justice.