Two men from New South Wales face murder charges after allegedly transforming a peaceful Saturday morning at a Melbourne cafe into chaos by shooting an underworld figure dead and wounding his associate before escaping in a luxury chauffeur-driven vehicle across state lines.
The Deadly Cafe Ambush
On September 9, 2023, Gavin Preston, a known underworld figure, was fatally shot with seven rounds while sitting outside Sweet Lulus cafe in Melbourne’s north-west. His associate, Abbas Maghnie, suffered severe injuries from a single gunshot but managed to flee for cover. Shocking footage captured patrons scattering in panic during the brazen daylight assault.
Accused Plead Not Guilty
Jaeden Tito and Rabii Zahabe, both from New South Wales, entered not guilty pleas to charges of murdering Preston and attempting to murder Maghnie during their trial in the Supreme Court of Victoria. The proceedings began with opening statements outlining the prosecution’s theory of a meticulously planned contract killing orchestrated by an unidentified figure.
Prosecution Outlines Contract Killing
Crown prosecutor Kristie Churchill described the attack as a targeted execution involving multiple participants. “This was a contract killing, planned, prepared, targeted, with other unknown people involved in the organization of the killing,” she told the jury.
Evidence presented includes four stolen vehicles with cloned plates and heavy tinting positioned near the scene for preparation and escape. The accused allegedly used balaclavas, encrypted apps for coordination, and booked a chauffeur via a secure app the night before to drive from Keilor to Sydney.
The driver picked up the men in an Audi Q7, later noting a “weird smell” from his passengers, who stayed mostly silent during the cross-border journey. One reportedly said, “We are brothers now.” Traffic and phone data tracked the vehicle to drop-off points near Liverpool and Yagoona, linked to the accused.
Additional details: Tito allegedly burned his arm setting fire to an Audi Q5 used in the hit. Post-incident searches by Zahabe included “no extradition countries,” a photo of Preston and his partner, and Islamic queries on forgiveness. DNA links both men to vehicles, fuel cans, balaclavas, and clothing. A firearm from a 2025 probe matched the shooting ballistics, with one gun firing at least two shots and another at least nine. Prosecutors allege Tito delivered the fatal shots after Zahabe’s weapon jammed while targeting Maghnie.
Churchill concluded: “I look forward to addressing you at the conclusion of this trial where I expect I will be inviting you to return verdicts of guilty for both accused on both charges.”
Defense Challenges Evidence
Barrister Paul Smallwood, representing Zahabe, argued his client was not one of the shooters. “The issue in dispute… is this: does the evidence prove beyond reasonable doubt that he was one of those two shooters… He was not either of those shooters,” he stated.
Daniel Sala, for Tito, called the case circumstantial and urged the jury not to be swayed by the opening. “Mr Tito denies that he is the person who leaps out and is said to fire upon Mr Preston. That’s the issue in this case,” Sala said. Both defenses highlighted police tips on others with motives to target Preston.
Maghnie refused police cooperation despite his injuries and Preston’s death. The trial continues for the next five weeks.
