Pair plead not guilty to murder of underworld figure Gavin Preston
Two men accused of the daylight execution of notorious underworld figure Gavin “Capable” Preston have pleaded not guilty to murder and will stand trial in the Supreme Court of Victoria.
Jaeden Tito and Rabii Abram Zahabe entered pleas of not guilty to the murder and a second charge of attempted murder in the same incident for the shooting of Preston’s associate, Abbas Jr “AJ” Maghnie, the son of late underworld enforcer Nabil Maghnie.
Police at the scene of the shooting of Gavin “Capable” Preston at a Keilor cafe on September 9, 2023.Credit: Joe Armao
Masked gunman opened fire on Preston and Maghnie as they sat at a Keilor cafe on a Saturday morning in early September last year.
Preston was shot and died where he fell. Maghnie dived out of the way, but was wounded in the torso and spent weeks recovering in hospital.
Preston, who was embroiled in a series of violent feuds with rivals in Melbourne’s gangland scene at the time, had been released from prison only months earlier after serving a long sentence over the shooting death of a drug trafficker.
Tito, a 23-year-old roofer, was arrested at his home in Sydney’s western suburbs and charged in late October.
Zahabe, 24, was arrested in NSW and charged in April. Both were extradited to Victoria.
Tito and Zahabe waived their right to a committal during a hearing in Melbourne Magistrates’ Court on Thursday and will proceed directly to trial.
Magistrate Leon Fluxman accepted their pleas of not guilty and ordered them to appear at the Supreme Court for a directions hearing on September 2.
Fluxman also issued an “alibi caution” after a request from the prosecution.
“I caution you that your right to call evidence at trial in support of an alibi is restricted,” Fluxman said.
“To be allowed to call that evidence, you must give written notice to the court now, or more usually, to the director of public prosecutions not later than 14 days after the end of this proceeding.
“That notice must contain particulars as to the time and place of the alibi, the name of any witness to the alibi, the last known address of the witness, and if the name and address of a witness are not known, any information which might be of material assistance in finding the witness in support of your alibi.”
Get alerts on significant breaking news as happens. Sign up for our Breaking News Alert.