A man previously charged with killing teenager Isla Bell will still face trial on a lesser charge after he lost his bid to have his case permanently stayed.
Marat Ganiev, 55, was initially charged with the murder of Ms Bell, 19, after her remains were found inside a fridge at a rubbish tip in 2024.
He was committed to stand trial but the prosecution downgraded the charge to manslaughter once the case reached the Victorian Supreme Court.
About a week before his scheduled trial in May, the prosecution withdrew the manslaughter charge and filed a fresh indictment, accusing Ganiev of attempting to pervert the course of justice.
His barrister argued this was an abuse of process but Justice James Elliott on Friday disagreed, finding the prosecutors were within their right to file a fresh indictment.
"Nothing has transpired that will stop Mr Ganiev from having a fair trial," the judge said.
A new prosecutor had been retained to run the Ganiev trial and he clearly had formed a different view of the evidence, Justice Elliott said.
"The prosecution is entitled to reconsider its case," the judge said.
"It's under an ongoing obligation to do so."
Justice Elliott noted applications to permanently stay a proceeding rarely succeeded and the court was concerned with protecting the integrity of its processes.
Ganiev, who watched Friday's hearing on a video link from prison, showed little emotion as the decision was handed down.
He will return to the Supreme Court for a directions hearing in August.
Ms Bell's family, friends and supporters filled the courtroom and there were small gasps as Justice Elliott handed down his decision.
Outside court, Ms Bell's mother Justine Spokes told reporters she could not comment on the result.
"It's just so gruelling, and my heart aches," she said through tears.
Another man, Eyal Yaffe, had his charges discontinued by prosecutors in May, after previously facing assist offender and pervert the course of justice
