The man accused in the death of 19-year-old Isla Bell will remain in custody after his legal team failed to have the sole remaining charge against him dismissed. Marat Ganiev, 55, lost his bid in the Supreme Court of Victoria to have the charge of attempting to pervert the course of justice struck out.
Ganiev was initially accused of murder in the early hours of October 7, 2024, with Ms. Bell's body later discovered hidden in a fridge at a Melbourne rubbish tip six weeks after her death. The murder charge was later downgraded to manslaughter as the case moved to the Supreme Court. However, just days before the trial was set to begin in May, that charge was withdrawn by prosecutors, who then brought the new charge against Ganiev.
Both manslaughter and attempting to pervert the course of justice carry a maximum sentence of 25 years in Victoria. Justice James Elliott ruled that the prosecution was within its rights to discontinue the manslaughter charge and pursue a new indictment based on different facts, stating there was no general prohibition against such a change.
"There is nothing unfair to Mr Ganiev in a legal sense or oppressive in the prosecution either desisting with the manslaughter charge when it did, or deciding to prosecute a different charge based on different facts that have not previously been the subject of any charge," Justice Elliott stated. The defense had argued that the prosecution's conduct constituted an abuse of process, claiming the evidence for the new charge was not new and that prosecutors had chosen not to pursue it earlier.
The Office of Public Prosecutions confirmed that the manslaughter charge was withdrawn due to insufficient evidence. In October of the previous year, detectives reportedly faced significant challenges in building a case against Ganiev and his co-accused, Eyal Yaffe, 59. Yaffe had also faced charges of assisting an offender and attempting to pervert the course of justice, but these were dropped on the same day the manslaughter charge against Ganiev was withdrawn.
Evidence presented in court indicated that Ms. Bell's body was severely decomposed and damaged by a garbage truck, making it impossible for authorities to determine the exact cause of her death. Forensic pathologist Hans De Boer testified that all injuries sustained by Ms. Bell could have occurred post-mortem, and there was no evidence of strangulation.
During earlier hearings, it was alleged that Yaffe became involved after receiving a call from Ganiev the day after Ms. Bell's death. He was accused of delivering a new fridge to Ganiev's apartment and later removing the old one, which contained Ms. Bell's remains. Ms. Bell's mother, Justine Spokes, had previously criticized the court proceedings, calling it a "legal system, not a justice system."