Shots rang out, a man fell face-first onto the brick floor, and a baby cried for its mother. A Supreme Court of Victoria jury has watched the chilling moment feared Melbourne underworld identity Gavin Preston was executed in broad daylight.
Accused Men and Charges
Jaeden Tito, 25, and Rabii Zahabe, 26, both from New South Wales, are accused of his murder and the attempted murder of his associate Abbas Maghnie. The pair sat outside Sweet Lulu's cafe in Melbourne's north-west on September 9, 2023, when the attack occurred. Both men have pleaded not guilty, and the trial, now in its third week before Justice Michael O'Connell, is expected to conclude this week.
Video Evidence
On Tuesday, the court released a 40-minute video watched by the jury, showing what police allege were the men planning and carrying out the brazen hit. The detailed footage included hours of CCTV and dashcam video of the alleged gunmen driving the cars used in the execution and getaway. The most chilling footage appeared 36 minutes in, showing diners enjoying breakfast moments before the alleged killers stormed the cafe. CCTV captured diners ducking for cover and running as two masked gunmen opened fire on Preston, shooting him seven times.
Victim's Associate Injured
Mr Maghnie sustained near-fatal injuries but managed to run for cover after a single, devastating bullet wound. The court heard he refused to help police despite losing his friend and almost dying in the attack. Footage showed him fleeing the cafe on foot before collapsing due to his injuries.
Possible Motives
The jury heard claims of a $5 million contract on Preston in retaliation for desecrating the grave of Meshlin Marrogi, sister of criminal kingpin George Marrogi. The grave was attacked at Preston cemetery in July 2023, two years after her death from COVID-19. The Supreme Court heard on Monday that police received an information report on August 21, 2023, stating: 'Gavin dug up Meshlin Marrogi's grave ... There is now a contract on Gavin's head of $5 million.'
However, other police reports suggested tobacco kingpin 'Kaz' Hamad may have ordered the hit. Preston was also reportedly in a dispute with Sam 'The Punisher' Abdulrahim. Another possible motive was Preston's history of 'weaponising sexual violence'. The court heard Preston had been released from jail just five months before he was killed, having served a sentence for shooting two men, one of whom died. Police believed he would seek retribution over the 2020 death of his friend Nabil Maghnie, father of Abbas Maghnie.
Prosecution Case
The prosecution case closed on Monday, with neither Zahabe nor Tito giving evidence. The jury has been taken through what the Crown described as a well-planned execution. This included allegations the men sourced balaclavas and used encrypted apps to plan the alleged assassination. Crown prosecutor Kristie Churchill said four stolen vehicles with cloned plates and heavy tinting were moved around residential streets in preparation for the shooting.
The night before Preston's execution, a chauffeur was booked via an encrypted app to pick up passengers in Keilor the next morning and drive them to Sydney. Those two men were the alleged shooters, the court heard. The jury heard the men were picked up in an Audi Q7 by a driver who later noted his passengers had a 'weird smell'. Police alleged Tito had earlier sustained burns to his arm after setting fire to an Audi Q5 used in the murder.
Phone and traffic data tracked the car from Melbourne to NSW, where the men requested separate drop-offs near Liverpool and Yagoona, close to locations linked to the accused. Ms Churchill said the chauffeur noted the men remained mostly quiet but overheard one man state: 'We are brothers now.' The jury heard claims Zahabe later searched 'no extradition countries', viewed a photo of Preston and his partner, and searched for verses in the Quran about forgiveness and a prayer of repentance.
The trial is expected to conclude this week.
