Isla Bell: Judge reveals new details into police investigation

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The Case Of 19 min 4 speakers 5 chapters transcribed 1 month ago
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What is the main topic discussed in this episode?

Matt Bevan 0:00
Do you ever think that maybe the people making all the important decisions don't have a clue what they're doing?
Claire Rawlinson 0:06
The UK Prime Minister is facing increasing pressure to step down.
Matt Bevan 0:09
It is ridiculous that Australia is facing a domestic gas price crisis.
Unknown 0:15
They take our money, they make us look like fools.
Matt Bevan 0:18
I'm Matt Bevan, and on my show, if you're listening, we take a look at every terrible decision that led to where we are today. Find us on ABC Listen or wherever you get your podcasts.
Claire Rawlinson 0:29
ABC Listen. Podcasts, radio, news, music and more.
Stephen Stockwell 0:46
For months, we've wondered why charges against the man once accused of murdering Isla Bell have been dropped. And after hearing last week, we finally know. I'm Stephen Stockwell. This is the case of Isla Bell.
Claire Rawlinson 0:58
Victoria Police have charged two men in relation to the suspicious disappearance of a missing Melbourne teenager.
Unknown 1:04
Isla, then 19, was last seen leaving her home in Brunswick.
Christian Silva 1:08
Six weeks later, a grim discovery with Miss Bell's remains found at a Dandenong tip.
Claire Rawlinson 1:13
A 53-year-old man has been charged with murder and a 57-year-old man has been charged with assisting in a murder.
Unknown 1:19
This is a very difficult day to see the charges being dropped. and the rage in me. I just, I promise, bub, I fought hard. I fought with my every breath.
Stephen Stockwell 1:36
Isla Bell died after visiting a man called Murat Gagnev in St Kilda. He was charged over her death, but those charges have since been dropped to attempting to pervert the course of justice. And then a couple of weeks ago, we brought you the extraordinary news that his defence team wanted a permanent stay on all proceedings, that Murat Gagnev shouldn't face any charges against him because of how the prosecution has handled the case. Now we have a decision on that bid and so many more details about how the prosecution has handled this case, why they have downgraded these charges. And in the room as all these details came to light was the ABC's court reporter and very familiar voice on the pod, Christian Silva.
Stephen Stockwell 2:15
Welcome back to the pod. Thanks for having me, Stocky. This is one of those cases you've been around the court precinct for and we've been following on the pod. The latest news was that the defence said that Matt Gagnev shouldn't be tried for his actions following Isla's death. What were the arguments made when that argument was being brought forward?
Christian Silva 2:34
The defence was saying that the way the prosecution had run the case was very unfair towards Gagnev because they'd chopped and changed the accusations against him constantly. And they said that was the abusive process. At this stage of the case, they weren't actually taking aim at the specific charges. current allegations, it was more the way things were done. And so they went to Justice James Elliott calling for a permanent stay saying, this has gone on for too long. It's time to get rid of this case because it's been, as they describe it, so unfair. The prosecution said, no, this is a perfectly fine way to go about things. We always reassess cases as they progress. And that sometimes means that charges do change.
Stephen Stockwell 3:26
Right. Okay. Okay. We have a lot more detail on these arguments in the last episode we did, and we'll pop a link to that in the show notes of this episode so you can go back and have a listen to that. Christian, we were expecting to wait a little while before we actually had an answer on this. The judge actually made a decision last week, though. Where did he land?

What new court decision explains why Isla Bell murder charges were dropped?

Christian Silva 3:43
Yeah, it did come in quickly. I think we thought it would be a few months. So where he landed was he sided with the prosecution. And to sum it up, Justice Elliott said that the prosecution wasn't being unfair to Murat Ganev. And the reason that was is the charges that related to Isla Bell's death initially, the murder, the manslaughter charges, they were obviously about... the events that led up to Isla Bell's death and what apparently caused it. The current charges, which are attempting to pervert the course of justice, are all about what happened after the death. So any sort of arguments about double jeopardy and charging him with different offences over the same actions, the judge has said that wasn't the case.

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