Accused gunman 'not experienced' for gangland shooting

Rabii Zahabe and (right) Jaeden Tito
Rabii Zahabe and Jaeden Tito are on trial accused of a gangland murder. -AAP Image

The people behind the planned execution of gangland figure Gavin Preston would never have hired an inexperienced 22-year-old as a gunman.

That's what Jaeden Tito's barrister argued as he pushed for a Victorian Supreme Court jury to acquit his client of murder.

Tito, now 25, and Rabii Zahabe, 26, are accused of gunning down Preston, 50, in Melbourne's northwest on September 9, 2023. 

Footage played to the jury showed Preston and his friend Abbas Maghnie seated outside Sweet Lulus cafe in Keilor when two men dressed in black jumped out of a car and fired shots.

Preston was fatally struck while Mr Maghnie was also hit but survived, and the two accused have also been charged with his attempted murder.

In his closing address on Friday, Tito's barrister Daniel Sala argued Preston was a serious and dangerous man who had a number of enemies. 

He pointed to police intelligence reports, which outlined potential feuds Preston had with organised crime figures George Marrogi, Sam Abdulrahim and Kazem Hamad before his death.

The attack on Preston was clearly a contract killing which had been "meticulously" planned so it was illogical to have chosen inexperienced men as the shooters, Mr Sala told the jury. 

"You want Gavin Preston dead, you want the job done right," the barrister argued. 

"You're not sending a 22-year-old like Mr Tito to do this job. You're sending someone who knows what they're doing, who has experience.'

Mr Sala said it was open for the jury to instead conclude Tito had been involved in moving the stolen getaway cars into position before the alleged murder.

He noted DNA that allegedly linked Tito to the vehicles could not be dated so it was possible it was deposited before September 9.

Mr Sala also argued the actual shooters would not have allowed any of their DNA to have been recovered in the cars, nor would they have left behind key items like the balaclavas and a glove. 

The jury was previously told DNA evidence allegedly linked the two accused to those items, which were recovered in one of the cars. 

"They are going to a monumental amount of effort," Mr Sala said. 

"You don't stumble on the final hurdle and leave the face mask in the car - the face mask for heaven's sake!"

Zahabe's barrister Paul Smallwood also urged the jury to acquit his client as he wrapped his closing remarks. 

He argued Zahabe was not one of the two gunmen but rather he was told about the shooting when he hitched a ride back to NSW. 

That reasoning explained why Zahabe had searched online for "extradition countries" and downloaded a photo of Preston after the shooting, Mr Smallwood said.

"The shooters knew what Preston looked like," the barrister told the jury.

"Why would they want to find out what Preston looked like 10 hours later?"

Mr Sala is expected to finish his closing remarks on Monday before Justice Michael O'Connell provides his final directions to the jury. 

The jurors will then begin their deliberations on a verdict.