Jury Finds Two Men Guilty of Melbourne Cafe Murder

The Supreme Court of Victoria has delivered a verdict in the case of the fatal shooting of Gavin Preston at a Keilor East cafe in September 2023.

"The shooting was a planned, targeted contract killing." — Crown prosecutor Kristie Churchill SC

A jury has found Jaeden Tito, 25, and Rabii Zahabe, 26, guilty of the murder of Gavin Preston and the attempted murder of Abbas Maghnie. The verdict was delivered on Friday following three days of deliberations. A pre-sentence hearing has been scheduled for a later date.

The Incident

On September 9, 2023, Gavin Preston, 50, was fatally shot while seated in the outdoor dining area of Sweet Lulu's cafe in Keilor East, Melbourne.

Two individuals dressed in dark clothing exited a vehicle and fired multiple shots. Mr. Preston died at the scene after being struck seven times. His associate, Abbas Maghnie, who was seated next to him, sustained gunshot wounds to the abdomen and was taken to hospital for treatment.

The Trial

Jaeden Tito and Rabii Zahabe, both from New South Wales, were charged with the murder of Gavin Preston and the attempted murder of Abbas Maghnie. Both entered pleas of not guilty to all charges. The trial was held before Justice Michael O'Connell.

Prosecution Case

Crown prosecutor Kristie Churchill SC alleged the shooting was a planned, targeted contract killing. The prosecution's case included the following allegations:

• Planning and Travel: The accused traveled from New South Wales to Melbourne to carry out the shooting and returned to Sydney the same day.
• Vehicle Use: Four stolen cars with cloned plates were used in connection with the incident, including as getaway vehicles. Two of these cars were later found burned.
• Aftermath: The accused traveled to New South Wales with a hired chauffeur. DNA evidence linked the accused to two balaclavas, a glove, and three of the vehicles used. One of the alleged murder weapons was found by police during an unrelated investigation.
• Digital Evidence: The prosecution presented evidence that after the shooting, one of the accused's phones was used to search for "no extradition countries" and phrases from the Koran.

Defense Statements

Defense lawyers argued the prosecution's case was circumstantial.

"My client maintains he was not one of the shooters. No eyewitnesses identified Zahabe as a shooter." — Paul Smallwood, representing Rabii Zahabe

Mr. Smallwood also stated there were multiple individuals who may have had a motive to harm Mr. Preston. Daniel Sala, representing Jaeden Tito, urged the jury to keep an open mind.

Witness Accounts and Evidence

Victim's Behavior

Two witnesses provided statements regarding Gavin Preston's behavior at the cafe:

Patrick Christofi stated he observed Mr. Preston at the cafe two to three times weekly, noting Mr. Preston was "always inside" and "cautious about where he sat."

Cafe manager Lulu Blackmore stated Mr. Preston "never" sat outside and had three regular tables inside, all with views of the street. Both witnesses stated the day of the shooting was the first time they had seen him sit outdoors.

Eyewitness Account of the Shooting

Patrick Christofi stated he observed two men in all-black clothing stop a car, carry out the shooting, and depart within approximately 10 seconds. He reported the shooters had their faces covered.

Victim's Response

Local police officer Brad Douglas arrived at the scene and attempted chest compressions on Mr. Preston until it became apparent he was deceased.

Abbas Maghnie

Senior Constable Douglas accompanied the injured Abbas Maghnie to the hospital. When questioned about the shooting, Mr. Maghnie responded:

"I did not see who it was. I don't know. I didn't see a car. I didn't see a firearm."

Prosecutor Kristie Churchill SC told the jury that Mr. Maghnie was not being called as a witness and "has not been forthcoming."

Evidence from Getaway Vehicles

Items including two black balaclavas, a shirt, and a glove were recovered from getaway vehicles examined by police. These items were shown to jurors.

Potential Motive Evidence

The court heard evidence regarding police intelligence reports about potential motives for the killing. Homicide detective Dale Myers testified that police received over 100 information reports during the investigation.

Reported Theories:

• A police intelligence report dated August 2023 alleged Mr. Preston desecrated a grave in a cemetery, leading to a reported $5 million contract on him. The report was given a credibility rating of "probably true." Detective Myers stated police investigated this claim but later discounted Mr. Preston's involvement as unlikely.
• Other reports suggested Mr. Preston was attempting to enter the illegal tobacco market.
• Prison phone calls reviewed by police contained various claims about Mr. Preston, including allegations regarding his conduct in prison.

Detective Myers could not vouch for the reliability or credibility of all sources, noting the reports came from various individuals.

Verdict

The jury found both Jaeden Tito and Rabii Zahabe guilty of the murder of Gavin Preston and the attempted murder of Abbas Maghnie.

A pre-sentence hearing is scheduled at a later date.