Slain underworld figure Gavin “Capable” Preston attended his local cafe Sweet Lulu’s almost daily in the lead-up to his death in a hail of bullets, but had never sat at a table outside until the day he died.
The Supreme Court heard the “intimidating” figure would always sit inside the popular Keilor cafe, usually at the same table – one where he could face the door and look outside.
But on September 9, 2023, a jury heard inside was full when he arrived to have breakfast with associate Abbas “AJ” Maghnie, with the pair instead taking a seat in the outside street dining area for the first time.
Day three of the trial heard from witnesses who revealed the horror of seeing the fatal shooting unfold outside the packed cafe shortly after 10am, with crime scene photographs showing the pair were part-way through breakfast drinks when bullets rained down on them, causing other patrons to run for cover.
Cafe manager Lulu Blackmore said while Preston began visiting a few times a week in July 2023, he soon became a daily regular and would attend sometimes with his partner, and Maghnie the rest of the time.
Blackmore said her only interaction with Preston was taking his order, but she noticed earlier on that he would always sit inside facing the street.
She described him as big, intimidating, and bald with tattoos, with his appearance prompting her to Google who he was.
“He sat in the same spot if he could every time, which was table one, the furthest from the door,” she said.
“I’d see him with AJ quite a bit.”
Jaeden Tito, 25, and Rabii Zahabe, 26, both from NSW, have pleaded not guilty to murdering Preston and not guilty to attempting to murder Maghnie.
In a statement read to the jury, another regular customer Patrick Christofi said he arrived at Sweet Lulu’s at 10.15am and was talking on the phone, looking out onto the street when he saw the shooting unfold.
The cafe was full inside and out, when a black SUV stopped in the middle of the road. Two people dressed in all black then jumped out of the vehicle, ran towards the cafe, with one firing shots at Maghnie and the other towards Preston, he said.
“He shot towards a guy, unshaven, fat. I knew of this guy to be AJ Maghnie. He let four to five shots go hitting the other guy in the head. I could see the impact and his head cocked back from being hit. I knew this guy to be Gavin Preston,” Christofi said.
“I only know names of victims through reputation and media reporting.
“Colin from the lawnmower shop got some towels. Preston [was] laying in a pool of blood. Colin used the towels to put under his head that when I could see his face had been shot out.”
The man said he too had noticed Preston only ever sit inside the cafe before and appeared to be cautious of where he sat.
“On the day of the shooting was the first time is ever seen him sit outside. He stood out because of his look,” he said.
On Thursday, jury members were also shown crime scene video and photographs of the crime scene and the vehicles allegedly used as getaway cars.
The video shows a taped-off cafe and dozens of yellow evidence cones placed next to items including bullet casings and fragments littered across the outdoor dining area.
On the table where Preston and Maghnie had been sitting were two glasses of orange juice, a coffee cup and saucer. Nearby were upturned chairs.
On the ground, crime scene officer, Leading Senior Constable Leanne Gann, said there was an earring, mobile phone and sunglasses strewn around Preston’s body.
One of the first police officers on the scene, Senior Constable Brad Douglas helped perform compressions on Preston before accompanying Maghnie in an ambulance to hospital. Maghnie had sustained a gunshot wound to the abdomen.
During the drive, the court heard Maghnie said: “I did not see who it was, I don’t know, I did not see a car, I did not see a firearm.”
The prosecution alleges the shooting was a contract killing, while barristers for the two accused men deny they shot anyone that day.
On Thursday, the trial also heard from chauffeur driver Jahanzaib Aslam, the owner of Blackfox Chauffeurs, who the prosecution allege was booked via an encrypted app to drive the two men they allege were Tito and Zahabe from Melbourne to Sydney.
He said the men in his black Audi Q7, booked by a man named “Feature”, barely spoke during the interstate drive, but he recalled being asked to provide his passengers snacks for the trip.
Aslam recalled them wearing black caps and sunglasses when he collected them before they changed mid-trip.
“[I asked] how are they, how’s the day, why are you driving to Sydney instead of flying. They said they were just going for Christmas. [They] had a weird smell, I thought maybe just a vape,” he said.
Aslam said he was never paid the $2800 for the trip and later learnt of a shooting near his pickup location on social media.
The trial continues.
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.
From our partners
Read the full article here
