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Prosecutors claim that two gunmen, hired for a “planned underworld hit,” switched vehicles three times before a driver helped them cross the border following the murder of a gangland figure at a cafe.
Jaeden Tito, aged 25, and Rabii Zahabe, aged 26, appeared in the Supreme Court in Melbourne today as their trial began. They stand accused of the murder of a man named Preston.
In addition to murder charges, both Tito and Zahabe face charges of attempted murder against Abbas Maghnie, who was with Preston during the incident.
Both men have pleaded not guilty, maintaining that they were not the shooters involved in the crime.
According to prosecutor Christie Churchill, the incident took place outside Sweet Lulus cafe in Keilor, which was bustling with customers enjoying a sunny Saturday morning when Preston and Maghnie were targeted.
Chilling footage played to a jury of 14 showed shocked patrons sitting outside the cafe and then fleeing as shots were fired by two gunmen.
Churchill alleged Tito and Zahabe were hired gunmen, who had others help them planning the hit, but said it was unknown who had hired the pair.
“We say this was a contract killing, planned, prepared targeted, with other unknown people involved in the organisation of it,” Churchill told the jury.
“This was a planned underworld hit.”
The prosecutor claimed Tito and Zahabe sat inside an Audi Q5 at the Keilor Hotel car park, opposite the cafe, for about three hours before the alleged murder.
The Audi left the car park at 10.17am and stopped adjacent to the cafe, where two men carrying firearms got out and ran towards Preston, she said.
The shooters, whom Churchill alleged were Tito and Zahabe, were wearing all black with face coverings and gloves.
She claimed Tito raised his gun and fired “immediately” at Preston, while Zahabe took aim at Maghnie.
“Mr Maghnie turns [his] head in their direction, starts running from table as gunshots start … the deceased did not appear to see what was about to happen,” she said.
She said Preston slumped forward as he was hit with seven bullets and fell headfirst to the ground, before he was declared dead at the scene.
Maghnie was struck with one bullet, but survived after being hospitalised.
Churchill said the two gunmen got back in the Audi and drove through residential streets at high speed before setting it on fire.
She said a resident heard an explosion and large flames were seen coming from the Audi and alleged Tito suffered burns to his left arm as he tried to put out the fire by “patting it”.
Churchill alleged the men set fire to a second car and dumped a third, before jumping into a chauffeur-driven vehicle and leaving Victoria.
The chauffeur had allegedly been pre-arranged via an encrypted app, with the two men driven to NSW by the man who overheard one of them say “we are brothers now”.
Churchill alleged Zahabe had googled “no extradition countries” after getting home, while Tito had injuries to his left arm in photos posted to social media by his girlfriend in the days after the shooting.
The prosecution will show the jury DNA evidence that allegedly links the two accused killers to the cars and items found inside them, she said.
Zahabe’s barrister Paul Smallwood said his client denied he was one of the shooters and asked jurors to consider the attempted murder charge as separate to murder.
Daniel Sala, Tito’s barrister, said he denied firing at Preston and urged jurors to keep a “blank slate” in their minds as they hear the evidence.
The trial continues tomorrow.