Marat Ganiev: Man charged after missing teenager Isla Bell found dead at tip seeks rare stay of proceedings
A man charged after a missing teenager’s body was found at a tip has argued a new charge is ‘unfair; and an ‘abuse of process.’
A man charged after a missing teenager’s body was found at a Melbourne tip has argued his case should be permanently halted because it’s “so unfair”.
Isla Bell, 19, vanished in Melbourne in October 2024 before her remains were discovered about six weeks later at a waste depot in Dandenong.
It was previously alleged she was killed by Marat Ganiev, 55, in his St Kilda home before her body was stored in a fridge at locations around Melbourne.
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In May, prosecutors dropped a manslaughter charge against Mr Ganiev a week before he was set to face trial after forming the view there were “no reasonable prospects” of a conviction.
A new indictment was then filed, with Mr Ganiev accused of attempting to pervert the course of justice – relating to his alleged treatment of Ms Bell’s body.
In the Victorian Supreme Court on Tuesday, his barrister Sally Flynn KC urged Justice James Elliott to grant a rare permanent stay of the proceeding.
Members of Ms Bell’s family were present in court and a large number of supporters rallied outside the building holding signs calling for “justice”.
Ms Flynn argued the dropping of the manslaughter charge and the laying of a new charge amounted to an “abuse of process” by the prosecution.
“Our position always was the manslaughter case was foredoomed to fail as a matter of law,” she said.
“We sought a permanent stay of the proceedings and instead the indictment was discontinued and an equally serious charge is proceeded with.
“It’s so unfair as to mean that this court ought take the extraordinary step of staying the prosecution.”
In response, Crown prosecutor Jeremy McWilliams said permanent stays were reserved for extreme or exceptional cases and Mr Ganiev had failed to meet the legal test.
“There’s nothing relevantly unfair about that process being undertaken in this case,” he said.
Mr McWilliams argued cases were regularly reviewed by prosecutors and there was no evidence the defence push had influenced their decision to drop the manslaughter charge.
“Nothing in the way the case will proceed from here is different, new or unexpected,” he said.
Justice Elliott will hand down a decision at a later date.
