Baby ‘murdered by teacher who was adopting him also had sexual abuse injuries’

A 13-month-old baby allegedly murdered by a teacher who was adopting him had suffered sexual abuse injuries, a court has heard.

Jamie Varley, 37, is on trial charged with the murder of Preston Davey, who died after being rushed to hospital unresponsive on July 27, 2023.

The ‘sweet and bubbly’ toddler had been taken into care by Oldham Council immediately after he was born and spent 10 months with foster parents before being adopted by Varley and his partner John McGowan-Fazakerley, 32, living at their home in Blackpool.

During the four months Preston was under their care it is alleged he was routinely ill-treated, had indecent images and videos taken of him and was sexually abused and physically assaulted.

Varley denies murder, while McGowan-Fazakerley denies causing or allowing Preston’s death. Both men deny sexually abusing the tot.

Dr Joanne Gifford, an expert in child sexual abuse and clinical lead for the Royal College of Paediatrics and Child Health, gave evidence at Preston Crown Court on Friday.

She told jurors she had reviewed the evidence in the case and produced a 173-page report, sections of which she was taken to comment on by prosecutor Peter Wright KC.

‘Clinical signs of sexual abuse – more than once’

Dr Gifford said she had found around 40 trauma injuries, internally and externally to Preston, including tears and lacerations, with ‘in excess’ of 30 bruises across his body.

She told jurors the injuries were ‘much more numerous than I would expect for a baby of this age’.

‘There are findings that would suggest around 20 to 30 different blunt force trauma impacts within the space of a few weeks, based on how long a bruise will typically persist for before his death,’ she said.

‘That is a lot of impact trauma events, in my opinion.

‘The pattern of injuries suggests that those episodes included forceful grips to the thigh, to the arm and shoulders, as well as multiple impacts to the head.

‘Clinically, collectively, that would suggest inflicted injury.’

Jurors were shown videos and photographs of Preston’s bruises both before and after his death.

They have also seen images of his anatomy, parts of which were described as ‘abnormal’ and caused by ‘forcible penetration’, according to a Home Office pathologist.

Dr Gifford told jurors: ‘The injuries are clinical signs of sexual abuse. More than one occasion.’

Drowning ‘ruled out’ as cause of death

Preston had been taken to Blackpool Victoria Hospital three times already before his death, when on a final time he was rushed to Accident and Emergency by the defendants at around 6.30pm on July 27, 2023.

Varley told police he had left the toddler in the bath for three or four minutes and returned to find him submerged in the water.

Medics worked for nearly an hour trying to resuscitate him but could not save his life.

Earlier this week, jurors heard from Home Office pathologist Dr Alison Armour who ruled out drowning and concluded the cause of death was an upper airway obstruction, leading to Preston’s collapse by a deliberate act of smothering, or an object or objects inserted into his mouth.

‘Near misses’ before Preston’s death

Dr Gifford said before Preston’s death, she had identified three what she called ‘near miss’ episodes where he appeared to be in a critical condition.

These episodes include a 29-second video which was on Varley’s phone showing Preston laid on the floor in only a nappy, struggling for breath.

Another video depicted Preston in the bath with Varley on April 25.

Asked about his condition in the clip, Dr Gifford said: ‘He doesn’t look well. He looks in a, again, an emergency life-threatening near miss condition.

‘His breathing is rapid and shallow – it would be clinically consistent with the moments following an asphyxia episode.’

Dr Gifford was also asked about a video from Varley’s phone, taken around 90 minutes before he was rushed to hospital on the day he died.

In it, Preston is laid on a bed in a baby grow, struggling to breathe.

Dr Gifford said Preston was displaying ‘extreme respiratory distress’.

She added: ‘Clinically I watched that and I wanted to resuscitate him immediately – he looks terminal in that video.

‘There are parts of not breathing. Gasping. I would describe as agonal gasp.

‘He’s a child in that video who needs to be resuscitated.’

‘Emotional abuse’ videos ‘hard to watch’

Dr Gifford also told jurors there was also evidence of emotional abuse.

She referred the jury to a video they have seen of Preston being ‘jump scared’ when Varley shouts ‘Boo!’ to him as he falls asleep and other videos of him alone in a bath for 14 minutes.

Other videos show him being spun on a park playground, his eyes rolling back in his head.

‘They are hard videos to watch,’ she said: ‘They are a child having unpleasant experiences.’

She told jurors the clips showed ‘a lack of appropriate caregiver response’ to a child who ‘needs to form attachments’.

Dr Gifford said Preston’s response, staring blankly, not laughing or enjoying the activity, would be consistent with a sign of trauma called ‘frozen watchfulness’.

Varley denies murder, manslaughter, two counts of assault by penetration, five counts of cruelty to a child, grievous bodily harm, sexual assault of a child, 13 counts of taking indecent photos or videos of a child, one of distributing an indecent photo of a child, to his co-accused, and one of making an indecent photo.

McGowan-Fazakerley denies allowing the death of a child, three counts of child cruelty and one count of the sexual assault of a child.

The trial was adjourned until Monday next week.

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