Murder trial hears social worker 'pondered' baby's welfare

A social worker "pondered" whether there was a "problem" at the home of a baby allegedly murdered by his adoptive parents, but decided there was not, a court heard.

Helen Magee visited the Blackpool home of Jamie Varley and John McGowan-Fazakerley to check on 13-month-old Preston Davey in July 2023, after his third admission to hospital.

In her notes, she wrote: "You were happy there with both your daddies. And this made me ponder a little as to whether there was a problem that I couldn't see. I decided there wasn't an issue."

Preston died later that month. At Preston Crown Court, Varley, 37, denies murder and both he and McGowan-Fazakerley deny sexual abuse and other charges.

• Warning: The following court evidence contains distressing information

Preston, who had been taken into care five days after he was born in Oldham in 2022, was adopted by Varley and McGowan-Fazakerley in April 2023.

On the morning of 6 July 2023, Varley took Preston to hospital with an injury to his elbow.

He told hospital staff he was lowering the baby into his cot the night before when the child jumped or kicked his feet and he heard a pop or click in his left elbow.

An X-ray confirmed a small fracture and his arm was put in a cast.

Later the child's social worker, Amy Shepherdson, who had been in contact with the hospital, texted Varley to say: "Just to reassure you they said they had absolutely no concerns.

"U absolutely did the right thing."

Ms Shepherdson visited their home later that day - the day before Oldham Council's independent reviewer Magee did - noting that Preston looked pale and was not himself.

She wrote: "He tried to smile several times but then this changed to a very sad face and a little cry."

The jury was shown a text message from Varley to McGowan-Fazakerley, sent on the morning Preston was taken to hospital with an injury to his elbow, which said: "Your son's in hospital. I strangled him."

The court heard that a minute after he sent the message, Varley sent another text to his boyfriend, McGowan-Fazakerley, 32, saying: "Jokes. Just give me a call when done."

Jurors were also shown a text exchange between Varley and his friend, Tanya Tingle, telling her: "We did it we think… not on purpose but caught him when falling."

Dr Alberto Elbo, an orthopaedic surgeon, treated Preston at the fracture clinic the following week after Varley brought him in.

Jurors were shown Dr Elbo's dictated notes from the meeting, which said he was told the injury to the arm was from Preston being placed and strapped in a car seat, and nothing to do with a cot.

Peter Wright KC, prosecuting, asked Dr Elbo about this explanation involving a car seat.

Dr Elbo said: "That's what dad told me. What I understood from that day was he was being strapped in his car seat. That's all I had in my mind when I dictated that letter."

Nick Johnson KC, defending Varley, suggested to the witness that he had been told the injury came about due to a "cot" not a "car".

"I don't think so," Dr Elbo replied.

Varley took a year off work as head of year and as a design and technology teacher at a local high school, South Shore Academy, to look after Preston after he was adopted, but struggled as a new parent with a baby who frequently woke during the night and with his partner working long hours, the court heard.

During the four months the baby was under their adoption he was allegedly routinely ill-treated, had indecent images and videos taken of him, was sexually abused and physically assaulted.

On 27 July 2023 Preston was again brought in to the hospital by the defendants, unconscious and in a state of cardiac arrest, and medics could not revive him.

Varley told police the child accidentally drowned in a bath, but this was inconsistent with the post-mortem examination which discovered Preston had suffered 40 traumatic injuries, the court heard.

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 continues.

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