A Melbourne court has rejected an application by St Kilda East resident Marat Ganiev, 55, to permanently halt proceedings in a case connected to the tragic death of 19-year-old Isla Bell. The decision means Mr. Ganiev will face trial on a charge of attempting to pervert the course of justice.

Ms. Bell's remains were discovered at a landfill site in November 2024, approximately six weeks after she was last seen alive on October 6, 2024, at Mr. Ganiev's St Kilda East home. Initially, Mr. Ganiev faced a murder charge, which was later downgraded to manslaughter. However, in a significant shift shortly before the scheduled trial in May this year, prosecutors discontinued the manslaughter charge, instead filing a new indictment for attempting to pervert the course of justice.

Mr. Ganiev's barrister, Sally Flynn KC, argued for a permanent stay on the case, asserting that the evolving nature of the prosecution's charges constituted an abuse of process. Ms. Flynn contended that the evidence and legal basis hadn't changed, only the prosecution's approach, making it 'so unfair' as to warrant the extraordinary step of staying the prosecution.

However, Crown prosecutor Jeremy McWilliams strongly refuted any suggestion of an abuse of process. He stated that the discontinuation of the manslaughter charge was a decision made solely by the Director of Public Prosecutions and that the new charge represented 'different offending arising from different evidence,' with no connection between the two.

Presiding over the application, Justice James Elliott sided with the prosecution. He ruled that the changes in the prosecution's case could not be characterised as an abuse of process, stating that the prosecution was 'entitled to pursue a fresh charge on a different aspect of the case.' Justice Elliott elaborated that the current charge of attempting to pervert the course of justice pertains to Mr. Ganiev's alleged actions after Ms. Bell's death, while the prior murder and manslaughter charges focused on claims he unlawfully caused her death. He emphasized that there was no 'overlap' in the factual bases for these distinct charges.

Following the court's decision, Ms. Bell's mother, Justine Spokes, appeared visibly distraught. She briefly addressed journalists, stating, 'This process is just so gruelling, my heart aches, and I just can't comment,' before departing.

Justice Elliott's ruling also shed light on new details surrounding the investigation. The court heard that on October 6, 2024 – the day Ms. Bell was last seen – Mr. Ganiev, who had a long-term prescription for methadone, attended a pharmacy to take a dose and also took six doses home. While Ms. Bell did not have a methadone prescription, a bottle of the substance was reportedly seen in a photo she sent to a friend, and a toxicology report later confirmed the presence of methadone in her system.

The court was previously informed by forensic pathologist Hans de Boer that Ms. Bell's cause of death was 'unascertained,' largely due to the severe damage and decomposition of her body when it was discovered, which significantly hindered forensic analysis. Blood samples from her spleen indicated a variety of substances, including methylamphetamine, MDMA, cocaine, cannabis, and methadone, though these findings had limitations for definitive diagnoses.

A permanent stay of proceedings, which would effectively shut down the case, is a rarely granted judicial measure. With this application denied, Mr. Ganiev is now set to face trial at a later date on the charge of attempting to pervert the course of justice, which carries a maximum sentence of 25 years imprisonment.