Markets 
The family of Isla Bell, the 19-year-old whose remains were found at a Dandenong rubbish depot after being driven around Melbourne in a refrigerator, has accused the Office of Public Prosecutions of failing the victims of crime by downgrading charges in cases it believes it may not win.
Marat Ganiev, the man charged with Bell’s murder, made an application in the Supreme Court of Victoria on Tuesday that could result in a permanent stay on his case.
Speaking outside the court, Bell’s mother, Justine Spokes, said the OPP considered case win rates to be more important than its legal duty.
“This is the Office of Perpetrator Protection: they prioritise their conviction rates and legal metrics over the basic legal duty to test suspicious and grotesque behaviour in court, stripping victims of their humanity,” Spokes said.
“This OPP and the DPP [Director of Public Prosecutions] use a risk-averse model that commodified my daughter, Isla, trading community expectations for bureaucratic convenience.”
Ganiev, 55, was originally charged with murder in on November 19, 2024, after Bell’s decomposing remains were found in a bag at a rubbish tip. Police alleged they had been removed from Ganiev’s property in a refrigerator, which was wrapped in plastic and tape. Her body was found about six weeks after police believe she had died.
Another man, Eyal Yaffe, who moved the fridge from Ganiev’s property, was originally charged with assisting an offender.
Police originally alleged Yaffe, 59, brought a refrigerator to Ganiev’s St Kilda East apartment and then removed another fridge that had been covered in clear plastic, and towed it to Caulfield South. He was then seen “extensively cleaning” items from his trailer and SUV.
In July 2025, forensic pathologists told the Melbourne Magistrates’ Court they could not determine the cause of death.
Ganiev’s charge was downgraded to manslaughter when it reached the Supreme Court, while Yaffe’s charge was reduced to perverting the course of justice.
‘There are a lot of uncertainties in this case. But one thing I am certain of: Isla did not climb into a fridge and wrap it in plastic.’
Isla Bell’s grandfather, David Spokes
In May, prosecutors dropped the murder and manslaughter charges against Ganiev as well as the charge against Yaffe who, it was then revealed by the ABC, had been jailed for three years and nine months in 2021 over attacks on a woman.
Yaffe walked free on May 12, and Ganiev was charged with attempting to pervert the course of justice, prompting a protest rally at the State Library of Victoria.
Ganiev’s barrister, Sally Flynn, KC, was on Tuesday expected to argue before the Supreme Court the prosecution’s decision to file a new indictment, a week before the trial was due to begin, amounted to “an abuse of process” as she applied for the stay of prosecution which, if successful, would mean her client walks free.
Prosecutor Jeremy McWilliams was expected to tell the court the Director of Public Prosecutions had used “commonplace and sound” discretion in reconsidering the charge against Ganiev, and there was nothing unfair about the process.
Justice James Elliott reserved his decision of the application for a stay of prosecution and will hand down his judgment at a later date.
On Tuesday, protesters gathered outside the Supreme Court to support Justine Spokes and her father, David Spokes, in their claims that state prosecutors had denied the public’s right to have grave criminal allegations tested by juries.
“There are a lot of uncertainties in this case. But one thing I am certain of: Isla did not climb into a fridge and wrap it in plastic. Someone did it to her, and the police have a pretty good theory of who they were,” David Spokes said.
“That theory should be tested in court, not negotiated away in private discussions between the prosecution and the defence.”
David Spokes said while Victoria Police had amassed detailed evidence, prosecutors had let crime victims down by progressively reducing the charges against Ganiev.
“The police have done their job, collected the evidence, and laid charges based on what they believe happened,” he said.
“Our system of public prosecution is broken. It is not delivering justice to past victims, and it is not delivering safety to future victims.”
Spokes demanded that juries be allowed to decide guilt or innocence, saying: “We want decisions to be made in a public courtroom, not in a private backroom.”
Shadow attorney-general James Newbury, who has been supporting the family, said it was not just that no one was being held accountable for the teenager’s death.
“I fear that decisions in Victoria’s justice system are defined by convenience and cost, instead of fairness and keeping the community safe,” Newbury said.
“How can a young girl die but no one be held accountable? That’s not just, it’s morally wrong.”
The member for Brighton said victims and their families were voiceless in the justice system, and where the prosecution proposed to downgrade charges, especially in high-impact cases, victims and their families should be represented.
A spokeswoman for the OPP said it was not appropriate for the office to comment on the matter while it was before the court and a ruling was pending.
Justice James Elliott will consider Ganiev’s application to have proceedings stayed, and Bell’s family said the matter was likely to be next before the court around the end of August.
With AAP
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.
Wendy Tuohy is a senior writer focusing on social issues and those impacting women and girls.Connect via X or email.From our partners
Read the full article here
