Murd3:r and manslaughter charges vanish one by one, did the man who hid a teenager’s b0.dy in a fridge think he’d escape justice? A shocking ruling completely turns the tide!
A man charged after a missing Melbourne teenager’s body was discovered at a tip has lost a bid to permanently halt the case against him.
The remains of Isla Bell, 19, were located at a waste transfer station in Dandenong about seven weeks after she was last seen alive in the St Kilda East apartment of Marat Ganiev, 55.
Mr Ganiev was initially charged with Ms Bell’s murder, before the charge was later downgraded to manslaughter, the prosecution alleging he caused her death by supplying her with methadone.
Ms Bell vanished in early October 2024. Picture: Supplied.
Ms Bell’s disappearance prompted an community effort to find her, with posters put up around Melbourne. Picture: Facebook
A week before the accused man was set to face trial in May, prosecutors withdrew the manslaughter charge and later charged him with attempting to pervert the course of justice — relating to his alleged treatment of Ms Bell’s body after she died.
He has not been required to enter a plea.
Earlier this month, Mr Ganiev sought a rare permanent stay of the proceedings against him, arguing the changes to the case represented an abuse of process by prosecutors.
Marat Ganiev has been charged in connection with her death. Picture: Supplied.
On Friday morning, Victorian Supreme Court Judge James Elliott rejected Mr Ganiev’s arguments, ruling; “the application for a permanent stay must be refused”.
“Nothing has transpired that would prevent or hinder Mr Ganiev from facing a fair trial,” he said.
“The prosecution is entitled to reconsider its case, indeed its under an ongoing obligation to do so.”
Outlining the circumstances of the case, Justice Elliott said it was alleged Ms Bell died on or around October 7 in Mr Ganiev’s apartment before her body was placed in a fridge.
He said the fridge was allegedly transported to various locations around Melbourne before Ms Bell’s remains were ultimately discovered by police at a tip on November 19.
Supporters of Ms Bell rallied outside court. Picture: Josie Hayden
The court was told that due to the advanced state of decomposition Ms Bell’s body was found in, forensic pathologists were unable to determine how she died or whether injuries were from around her time of death or afterwards.
Prior to the manslaughter charge being dropped, Justice Elliott said defence had applied for a permanent stay, planning to argue the case was “foredoomed to fail”.
The new charge, the court was told, alleges Mr Ganiev attempted to pervert the course of justice through actions taken after Ms Bell died.
These allegedly include concealing Ms Bell’s body, causing it to be transported around Melbourne and lying to police by asserting he’d last seen Ms Bell when he dropped her off on the side of the road on October 7.
Justice Elliott ordered Mr Ganiev to return to court on August 7, with his defence team expected to file their response to the allegations before then.
MS Bell’s mother Justine Spokes (right) described the court process as grueling. Picture: Josie Hayden
Outside of court, a number of Ms Bell’s family and supporters rallied calling for “justice”.
Ms Bell’s mother, Justine Spokes, told media the court process had been grueling and she was unable to comment further.
SOURCE: NEWS.COM.AU
https://www.news.com.au/national/victoria/courts-law/isla-bell-death-marat-ganiev-loses-legal-bid-to-permanently-stay-charge/news-story/6c4ab5b6e42725d25b618be3d57b034c
