An accused killer has asked a magistrate to throw out his murder charge, claiming a young woman could have died from a drug overdose before he allegedly hid her body in a fridge.
Prosecutors allege Marat Ganiev, 53, killed 19-year-old Isla Bell in the early hours of October 7, 2024.
Her remains were found at a rubbish tip in Dandenong six weeks later.
Ganiev’s barrister Sally Flynn KC argued the prosecution’s case was entirely circumstantial as she pushed for her client to be discharged.
She said the police could not prove the 53-year-old caused Ms Bell’s death and it could not be excluded that Ms Bell died from a drug overdose.
Ms Flynn pointed to evidence from forensic experts, who outlined the drugs including methadone, MDMA and cannabis that were in Ms Bell’s system.
A toxicologist said one of those drugs or a combination of them could cause death, she noted.
The barrister argued the prosecution could not rule out that Ms Bell died from the drugs she consumed.
It could not be excluded that the multiple fractures to Ms Bell’s skull and ribs were caused by the rubbish truck compactor after her death, Ms Flynn added.
She highlighted the evidence of pathologist Hans de Boer, who conceded all of the teen’s injuries could have come from the truck’s compactor.
Ms Flynn argued if the magistrate was not convinced of her arguments around causation, she would have to accept Ganiev did not have an intention to kill.
He only met Ms Bell a couple of days before the alleged murder and there was no evidence of any physical assault or violence, she said.
Police claimed there was CCTV footage showing Ganiev striking Ms Bell, but Ms Flynn said the alleged assault was not depicted in the vision.
“If you reject our submission, even on the prosecution case it’s said the deceased is seen on the CCTV after that so it can’t be the acts that caused her death,” she said.
Ganiev’s actions after Ms Bell’s death could also not be used to prove murder, rather it was a sign he panicked, Ms Flynn said.
Police allege he put Ms Bell into a fridge and then, with help from his co-accused Eyal Yaffe, he moved the appliance to multiple different locations.
Yaffe, 58, is charged with assisting an offender and attempting to pervert the course of justice.
Mr Yaffe’s barrister Ian Hill KC on Wednesday also pushed for the charges against his client to be withdrawn.
He said his client did not know or hold the belief that Ganiev had killed Ms Bell, nor did he know her remains were inside the fridge.
Mr Hill reiterated Ms Flynn’s submissions about the expert forensic evidence, highlighting how Dr de Boer was unable to ascertain the cause of death.
Prosecutor Nadia Kaddeche accepted the prosecution case was circumstantial but argued the issues raised by defence should be left to a jury to decide.
Magistrate Michelle Mykytowycz will hand down her decision on October 31.
