Gavin ‘Capable’ Preston murder case delayed yet again as accused switches lawyers for fourth time

A Sydney man charged with the execution-style murder of underworld figure Gavin ‘Capable’ Preston outside a Melbourne cafe has changed lawyers for the fourth time.

A Sydney man charged with the execution-style murder of underworld figure Gavin ‘Capable’ Preston has changed lawyers for the fourth time, posing further legal delays to the case.

Preston, 50, was shot dead in a hail of bullets as he sat outside the busy Sweet Lulus Cafe on the Old Calder Highway in Keilor in broad daylight in September last year.

Jaeden Tito, 23, and Rabii Zahabe, 24, both from Sydney, were charged with Preston’s murder.

Underworld figure Gavin Preston was shot dead at a Melbourne cafe. Picture: Supplied

The pair appeared in Melbourne Magistrates’ Court via video link from custody on Monday, where it was revealed Mr Tito had changed lawyers for the fourth time.

He is now represented by Brisbane-based lawyer Corey Cullen who told the court he had not yet seen the brief of evidence against his client and was seeking an adjournment.

Rabii Zahabe has changed lawyers for the fourth time, posing further legal delays to the case. Picture: Instagram

Jaeden Tito, 23, was also charged with Preston’s murder. Picture: Jake Nowakowski

Magistrate Leon Fluxman said he was “running out of patience” and wanted the case to progress.

“I’m going to give one further adjournment and on that date I’m either to be told that the matter’s fast-tracking (to the Supreme Court) or it’s going straight hand-up brief or it’s going to a contested committal,” he said.

“But there’s not going to be any further adjournments … he makes the choice to change lawyers and he’s bound by that, he’s had enough opportunity.”

The outdoor table at the Sweet Lulus cafe in Keilor East where gangland figure Gavin Preston was shot dead. Picture: Andrew Henshaw

Bullet holes at the scene of the alleged assassination. Picture: David Crosling

The grave of Gavin ‘Capable ‘Preston at Altona Memorial Park. Picture: Mark Stewart

Defence barrister Jack Cleveland, for Mr Zahabe, said his client wanted his case fast-tracked to the Supreme Court but needed Mr Tito to agree.

Chilling CCTV footage captured the moment a gunman dressed in black ran up and fired at Preston while he was seated outside the Keilor cafe about 10.20am on September 9 last year.

Preston, who was shot up to 10 times, had been dining with Abbas Maghnie Junior, known as AJ, the son of slain crime figure Nabil Maghnie.

Innocent customers seated nearby ducked for cover under tables as the violence unfolded.

Preston, from Taylors Hill, was a veteran Melbourne gangland figure and had been released from jail just months before his death over the 2011 murder of drug dealer Adam Khoury.

Mr Tito, a former promising rugby league player, was arrested by police in the southwestern Sydney suburb of Bradbury in a pre-dawn raid in October.

A second man, Mr Zahabe, from the southwest Sydney suburb of Yagoona, was also charged over the fatal shooting in April this year.

The pair will return to court on August 15.