The trial of two Sydney men accused of carrying out a brazen, publicly executed contract killing of an underworld figure in Melbourne has gotten underway at Victoria’s Supreme Court, with jurors hearing startling details of the pre-planned attack and the aftermath.
On a bright Saturday afternoon in September 2023, 50-year-old Gavin Preston, a known figure in Australian criminal underworld circles, was gunned down in a hail of bullets while eating breakfast on the outdoor patio of Sweet Lulu’s Cafe, a popular local spot in the Melbourne suburb of Keilor. He was dining alongside Abbas Maghnie when two attackers clad entirely in black stepped from a parked Audi Q5 and opened fire, releasing at least 11 rounds that struck both men.
The two accused, 25-year-old Jaeden Tito and 26-year-old Rabii Zahabe, have both entered formal not guilty pleas to charges of murder and attempted murder, rejecting the prosecution’s claim that they traveled from New South Wales specifically to carry out the assassination.
In her opening address to the jury, Crown prosecutor Kristie Churchill SC walked the panel through the meticulously timed attack, playing 20 seconds of chilling security camera footage captured outside the cafe that day. The footage shows the two black-clad assailants rushing toward the outdoor seating and opening fire: Maghnie spins and flees the scene, while Preston slumps forward over his table, as a nearby bystander is heard screaming repeatedly for other patrons to take cover.
Churchill told the court the shooting was a pre-arranged contract killing, planned in advance with coordination from additional uncharged co-conspirators. Investigative outlines presented to the jury paint a picture of a highly coordinated operation: the two suspects lay in wait for hours in the same car park where Preston later parked his car, multiple getaway vehicles were hidden across northwest Melbourne ahead of the attack, and a cross-state chauffeured ride back to Sydney was pre-booked the night before the shooting.
Breaking down the sequence of events, Churchill explained that Preston began his day with a gym visit before texting Maghnie at roughly 8:28 a.m. to arrange the breakfast meeting. Both men arrived at the cafe around 9 a.m., parking in the Keilor Hotel car park where Tito and Zahabe were already waiting inside the Audi Q5. At 10:14 a.m., a third vehicle – a dark green Holden Cruze – stopped outside the cafe for just three seconds before leaving, a signal that the targets were in place. Ninety seconds later, the Audi’s engine started and the attackers moved in.
The shooting began at 10:17 a.m., Churchill said. One attacker’s gun jammed after firing just two shots, while the second fired at least nine rounds. Preston was hit by seven bullets and died at the scene, while Maghnie suffered life-threatening injuries after being struck once. Crucially, Churchill told the jury Maghnie would not be taking the stand during the trial, noting “he’s not been forthcoming” with investigators or prosecutors.
In the chaotic minutes after the attack, the pair fled to nearby Blair Court in Keilor, where security footage captured them setting the Audi Q5 on fire – a move that accidentally burned one of the suspects’ left arms, according to prosecution allegations. The two then ran through a local reserve to a pre-stashed Volkswagen Golf on Robin Street, which they also burned after a short drive, before switching to a third getaway vehicle: a Toyota Camry.
They dumped the Camry outside a Taylors Lake property at 10:41 a.m., removed their balaclavas and black face coverings, and got into the pre-booked chauffeured car for the drive back to Sydney. Churchill told the jury the driver will testify that during the interstate trip, one of the accused turned to the other and said, “we are brothers now.”
Both suspects were arrested weeks after the shooting: Zahabe was taken into custody in Sydney on October 10, while Tito was arrested 15 days later. Forensic evidence will show that DNA matching the two accused was found on the burned-out Audi and on clothing left in the abandoned Camry, Churchill said, adding that one of the firearms used in the attack was recovered last year during a separate, unrelated criminal investigation.
Defense lawyers for both men pushed back against the prosecution’s narrative in their opening statements, each emphasizing that their client denies being one of the shooters. Paul Smallwood, representing Zahabe, acknowledged that whoever carried out the attack “pretty clearly murdered” Preston, but argued that the case for attempted murder against Maghnie is far less clear. He also noted that Preston only arranged the breakfast meeting more than an hour after the prosecution claims the suspects arrived at the Keilor car park, opening a gap in the narrative. Smallwood told the jury he would lay out an alternative, reasonable interpretation of the evidence that supports Zahabe’s innocence once all testimony concludes.
Daniel Sala, Tito’s defense attorney, echoed those arguments, reminding jurors that his client firmly denies being one of the attackers who opened fire on Preston and Maghnie that day. The trial, overseen by Justice Michael O’Connell, is set to resume on Wednesday.