Murder Trial Begins in 2023 Melbourne Café Shooting
The Supreme Court of Victoria has commenced the trial of two men charged with murder and attempted murder following a fatal shooting at a Melbourne café in 2023. Both defendants have pleaded not guilty to all charges.
The Incident
On the morning of September 9, 2023, Gavin Preston, 50, and Abbas Maghnie were seated in the outdoor dining area of Sweet Lulu's café in Keilor East.
At approximately 10:14 AM, two individuals in dark clothing and face coverings exited a stolen Audi Q5 and fired shots.
Gavin Preston was fatally shot. Abbas Maghnie was wounded and taken to hospital.
The Accused and Their Pleas
Jaeden Tito, 25, and Rabii Zahabe, 26, have each been charged with one count of murder and one count of attempted murder. Both men have pleaded not guilty to all charges. The trial is being heard before Justice Michael O'Connell.
Both Tito and Zahabe were arrested in New South Wales in October 2023 and subsequently extradited to Victoria. The trial, which began on a Tuesday in April 2026, is expected to last for several weeks.
The Prosecution's Case
Crown prosecutor Kristie Churchill SC outlined the prosecution's allegations to the jury. The prosecution's position is that the shooting was a planned and targeted contract killing.
Key allegations presented include:
- Tito and Zahabe are alleged to have been the shooters who traveled from New South Wales to Melbourne to carry out the attack.
- Four stolen vehicles, fitted with cloned license plates, were allegedly used as part of a getaway plan. Two were later found burned.
- After the shooting, the accused allegedly used getaway cars, set them alight, and then traveled to Sydney the same day in a chauffeured vehicle.
- The prosecution stated it will present DNA evidence and phone tower records to connect the accused to the crime.
- Prosecutors allege that after the shooting, a phone linked to Zahabe was used to search for "No extradition countries" and for Quranic phrases about forgiveness. A screenshot of Gavin Preston was also allegedly created on the device.
- During the drive to New South Wales, one of the accused men allegedly stated, "we are brothers now."
- A third, unidentified individual has been identified as allegedly driving one of the stolen cars. The prosecution stated that others allegedly involved in organizing the incident have not been located.
- One of the firearms allegedly used was reportedly found by police during an unrelated investigation in 2025.
The Defense's Position
Defense barristers for the accused presented their clients' positions.
Paul Smallwood, barrister for Rabii Zahabe, stated his client denies being one of the shooters. Mr. Smallwood described the case as circumstantial, noting there were no eyewitnesses who identified Zahabe. He also stated the jury would need to consider whether there was intent to kill Abbas Maghnie or if he was struck by a stray bullet, and noted that multiple people had wanted Gavin Preston dead.
Daniel Sala, barrister for Jaeden Tito, stated his client pleaded not guilty and asked the jury to keep an open mind until all evidence is presented.