By Mark Russell
The long-running feud between two of Victoria's most notorious prisoners – Christopher "Badness" Binse and Gavin "Capable" Preston – which led to a drug dealer being gunned down and Preston being jailed for 11 years on Tuesday, had its origins almost a decade ago in prison.
Binse was on remand in 2006 on weapons, assault and drugs charges when he was attacked by several prisoners and believed Preston had organised the bashing after the pair had had a falling out.
Armed robber Christopher Binse was brutalised as a junior offender.Credit: Channel Seven
Binse was released on parole in April 2008 and became increasingly concerned about the dangers posed by Preston's associates.
He was arrested and jailed eight months later after being caught carrying four guns, a pen gun, various fake identity cards and cocaine.
Gavin Preston pictured arriving at the Supreme court in August. Credit: Joe Armao
Binse was placed in protection in prison following more threats to his life before his release in September 2011.
The career criminal temporarily lived with his former partner and the couple's daughter but became paranoid Preston was out to kill him and his family.
Binse was then attacked by a group of men a month later and suffered head injuries but discharged himself from hospital.
His friend, Bandidos bikie Toby Mitchell, was then shot outside Doherty's Gym, near the Bandidos clubhouse, in Weston Street, Brunswick, on November 28, 2011.
Toby Mitchell at a previous court appearance.Credit: Michael Clayton-Jones
The prime suspect for the shooting was Preston.
Mitchell was shot five times in the back and suffered serious life-threatening injuries.
He spent weeks on life support and lost a kidney, had significant damage to his liver and lost movement in his right wrist where one of the bullets hit him. Mitchell later survived a second attempt on his life in March 2013 when his car was sprayed with bullets at a Melton industrial estate near a rival gang's clubhouse.
In an interview with police in May 2012, Binse said that on the day of his release in September 2011 he had been informed Preston wanted to kill him and others, including Mitchell.
Binse began tracking Preston but after Mitchell was shot, Binse decided it was safer to go to ground. He would sleep in his car and be constantly on the move.
Preston was arrested in early December 2011 after police pulled over a Mercedes Benz in which he was a passenger on Collins Street. A gun and bloodied clothes were found inside.
Preston was charged but eventually released on bail on December 22, 2011.
When Binse became aware the underworld gunman was back on the street and his life was at risk again, he began using ice.
Determined to confront Preston, Binse drove to a property in Seaford in his black Land Rover in early January 2012. He ended up leaving the four-wheel-drive behind and when police later searched the vehicle they found a loaded .22 calibre Ruger brand semi-automatic handgun fitted with a silencer under the driver's seat.
Preston meanwhile was becoming increasingly paranoid over Binse who he was convinced was planning to kill him.
One of Binse's close associates, drug dealer Adam Khoury, was aware Binse had been organising to blow up Preston in his car.
Binse had asked Khoury to look after his explosives, which he was planning to place under Preston's car, while he travelled interstate for a short time.
This was the scenario when Preston went to Khoury's apartment on the night of February 10, 2012.
Police suspected Preston, who had shot another drug dealer 10 days earlier over a drug debt, believed Khoury knew too much about his alleged involvement in the Toby Mitchell shooting, was going to "lag" to the police and was also helping Binse to try to kill him.
Preston by this stage was being watched and his phone tapped by a specialist police surveillance squad known as "The Dogs" when it was decided at 12.25am on February 11, 2012, to send the officers home for the night.
Preston shot dead Khoury half an hour later.
Khoury was shot in the right upper arm and chest before being shot at close range in the head. A third shot was again at close range to the head when Khoury was on the floor.
Preston was standing trial in the Supreme Court for murder when he pleaded guilty on June 1 to the lesser charge of defensive homicide, which carries a maximum sentence of 20 years' jail.
Preston also pleaded guilty to one count of recklessly causing serious injury for shooting the second drug dealer on January 30, 2012.
Defence barrister Amelia Beech, during a pre-sentence hearing for Preston, told the court Preston had been unarmed when he went to Khoury's apartment and shot the drug dealer with his own gun after a struggle.
Ms Beech said Preston's life had spiralled out of control in 2011 following the death of his brother from a heroin overdose.
Preston had been working hard to turn his life around after meeting his defacto partner, Suzanne, and was earning a living as a labourer before his brother died and he fell back into old habits.
Following his arrest for killing Khoury, Preston has been attacked twice in prison.
The second attack on July 28, 2014, took place less than an hour after Preston had been released into the mainstream prison population after spending time in protection.
Six men armed with knives, metal bars and ice blocks (cordial bottles filled with ice) stabbed Preston more than 20 times. Preston spent five days in hospital after suffering a punctured lung and required plastic surgery to his face.
Preston refused to make a statement to police about his attackers.
Preston, who has never been charged over the Toby Mitchell shooting, has been in 22-hour lockdown at the high-security Acacia unit in Barwon maximum security prison awaiting sentence.
Binse was jailed in May 2014 for a minimum of 14 years for robbing Armaguard officers of $235,000 in March 2012 and firing at police during a 44-hour siege at his Keilor East home in May 2012.