Mother vouches for ‘kind’ gunman behind gangland hit
The mother of a man who shot dead gangland figure Gavin Preston said her killer son was respectful, caring and kind, while prosecutors pushed for him to be sentenced to life in prison.
Jaeden Tito’s mother Levi took the unusual step of reading the character reference aloud as she faced her son’s pre-sentence hearing in the Supreme Court of Victoria on Friday.
Tito, 25, and his accomplice Rabii Zahabe, 26, were convicted in May of murdering Preston, 50, in Melbourne’s northwest on September 9, 2023.
Footage shown to the jury showed Preston and his friend Abbas Maghnie sitting outside the Sweet Lulus cafe in Keilor when two men dressed in black jumped out of the car and opened fire.
While Preston was fatally shot, Mr Maghnie was also shot but survived; Tito and Zahabe were also found guilty of attempted murder.
Sitting next to Preston’s loved ones, Mrs. Tito described her son as having a kind and caring nature who brought joy to all of their lives.
As he took the oath, he read aloud: “Our family is no longer complete, and our son’s absence is constantly felt.”
“We miss him deeply and look forward to the day he can come home with us, although we know that day is not near.”
Ms Tito admitted to the judge that she used ChatGPT to create the character reference but still said she meant every word.
Senior prosecuting attorney Kristie Churchill KC told the court that victim impact statements would not be made although Preston was still much loved and missed by his family.
He argued that this case fell into the worst category of murder, given that it was a public execution in a busy suburban cafe.
Mrs Churchill said the only appropriate sentence was life imprisonment, highlighting how complex and thoroughly planned the attack was and how the public was endangered.
Tito’s lawyer, Daniel Sala, opposed the life sentence and told the judge it was possible to impose a sentence of up to 50 years instead.
“The fact that this has not been done before is no limitation on your Honour,” Mr Sala said.
“Your Honor must find a sentence in this range more than appropriate.”
He argued that Tito was not the one who planned the murder, but was part of a much larger machine.
Zahabe’s lawyer, Paul Smallwood, also opposed the life sentence, pointing out that his client is a young man who has been isolated in custody since his arrest.
The lawyer said Zahabe had previous drug use problems, anxiety and depression, which could make his time in custody even more difficult.
Judge Michael O’Connell adjourned the hearing to allow the parties to present more material about the future conditions of detention of the two gunmen.
Tito and Zahabe were sent to the next Supreme Court hearing.
