Preston, 50, was waiting to eat breakfast at Sweet Lulu's cafe in Keilor on September 9, 2023 when Tito and Zahabe pulled up in a stolen car and opened fire, causing patrons to flee. CCTV captured the shooting.
During the trial, lawyers for the men argued they were not the shooters, but a jury rejected that defence. As the pair travelled down the Hume Freeway toward Sydney afterwards, one was heard saying 'we are brothers now'. Zahabe also searched the internet for 'no extradition countries' and prayers seeking forgiveness.
Justice Michael O'Connell said the murder had been 'meticulously planned' and carried out with a 'ruthless and callous disregard for the value of human life'. He noted Preston's criminal history but emphasised his life deserved equal protection under the law. The public nature of the attack was a 'significant aggravating feature', he added.
The sentences of 34 years exceed the standard 25-year term, with Justice O'Connell citing premeditation, financial motive and high moral culpability. Tito received a non-parole period of 26 years; Zahabe, 27 years. Both have been declared serious violent offenders. Tito, a New Zealand immigrant, now faces deportation. Zahabe fidgeted and closed his eyes as the sentence was delivered.
Prosecutors had sought life imprisonment. The judge noted restrictive prison conditions for the men's safety somewhat mitigated the sentence, but stated they had shown no remorse. The identity of the person who ordered the killing remains unknown.