With the help of ChatGPT, Jaeden Tito’s mother has stood up in Victoria’s Supreme Court and told a judge her son, a convicted killer, had a “kind and caring nature”.
Prosecutors have seen things differently, however, and called for Tito to be locked up for life after carrying out a public execution three years ago.
Tito and co-accused Rabii Zahabe were found guilty in May of shooting underworld figure Gavin Preston outside a Melbourne cafe in September 2023 in a contract killing.
Gavin Preston’s family did not provide victim impact statements to the court. (Facebook)
On Friday, prosecutors and defence lawyers went head-to-head in court about what punishment the men should receive.
Crown prosecutor Kristie Churchill SC described the killing as falling into the “worst category”, which warranted a life sentence.
“The murder is extensively planned, sophisticated, it is an execution, it is offending in company, with firearms,” she said.
“The offending exposed many innocent members of the public to the trauma of the execution.
“Most significantly, your honour, this was murder for hire.”
Defence lawyers for the murderers said a life sentence was too harsh given their age and onerous conditions in prison.
Murderer’s mum says son had ‘caring nature’
In unusual scenes, Mr Tito’s mother Levi was then called to the witness box and gave a character reference for her son.
Ms Tito told the judge it was a statement crafted with the help of ChatGPT.
“Never in my life could I imagine I would be writing a letter to a court about my son being convicted of murder and attempted murder,”
she said.
“He has always had a kind and caring nature.
“He has always been polite, considerate and willing to help those around him.”
She said while in prison her son read books and wrote letters and cards for Christmas and people’s birthdays.
“He has also taken up colouring — something that helps him clear his mind and find some peace,” she said.
Metres away, Preston’s fiancée sat in the public gallery.
She made no victim impact statement, nor did any of the victim’s other loved ones.
Police still searching for motive
Preston had many enemies in the underworld, had a long criminal record, and had served time in prison for defensive homicide.
The motive behind his execution remains a mystery, the trial heard earlier this year.
Police said investigations into who ordered the hit were continuing.
On September 9, 2023, chaotic scenes unfolded at Sweet Lulu’s cafe in Keilor when two masked men got out of a stolen car and fired at Preston and his friend AJ Maghnie.
Preston died on the ground but Mr Maghnie survived after being shot in the abdomen.
Tito, 25, and Zahabe, 26, denied being the shooters, but their lawyers conceded they may have been involved in a broader plot to move a number of getaway vehicles into place.
Their DNA was later found in the cars and on items inside, including a balaclava and a glove.
At the trial, prosecutors also pointed to the men’s actions afterwards to link them to the shooting.
Tito suffered burns to his arm while setting one of the cars alight.
Days later, he went on a holiday with his girlfriend and posed for happy snaps with a heavily bandaged arm visible.
Zahabe went online to look up Islamic passages about seeking forgiveness, searched for “no extradition countries”, and had a picture of Preston on his phone.
On Friday the killers were brought to the Supreme Court in an armoured “Bearcat” vehicle instead of the regular prison van.
In the courtroom, regular security guards were swapped out for members of Corrections Victoria’s elite tactical unit.
Mr Zahabe’s barrister Paul Smallwood said his client maintained his innocence.
“We’re not pleading remorse, we’re not pleading an acceptance of responsibility,” Mr Smallwood said.
However, Mr Smallwood said a life sentence should not be imposed because his client was young and was being held in solitary confinement in prison.
Barrister for Mr Tito, Daniel Sala, also argued against a life sentence.
He said the court could consider an unusually-long jail term, potentially in the order of 50 years.
The pre-sentence hearing continues before Justice Michael O’Connell.
