Baby had sexual abuse injuries, murder trial told

A baby allegedly murdered by a high school teacher who adopted him had suffered sexual abuse injuries, a court has heard.

Jamie Varley, 37, is on trial accused of the murder of 13-month-old Preston Davey, while his partner John McGowan-Fazakerley, 32, is accused of allowing his death, with both accused of sexual abuse.

Dr Joanne Gifford told the jury at Preston Crown Court that she had also found evidence that Preston had suffered emotional abuse and physical injuries that could not be explained away as having been caused accidentally.

The court heard Preston was born on 16 June 2022 and initially taken into care by Oldham Council. He was placed with foster parents and then eventually adopted.

• Warning: The following court evidence contains distressing information

When he was 10 months old in April 2023, the "sweet and bubbly" baby was adopted by Varley, where he lived in Blackpool with McGowan-Fazakerley.

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

Both men deny all charges against them.

Gifford, an expert in child sexual abuse and the Royal College of Paediatrics and Child Health's clinical lead, said she had reviewed the evidence in the case and produced a 173-page report, sections of which she was asked about in court by prosecutor Peter Wright KC.

The witness said she had found about 40 trauma injuries - internal and external - to Preston, including tears and lacerations, with "in excess" of 30 bruises found across his body.

Jurors were shown videos and photographs of the child's bruises both before and after his death, along with images of his anatomy, parts of which were described as "abnormal" and caused by "forcible penetration", according to a Home Office pathologist.

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

Preston had been taken to Blackpool Victoria Hospital three times before his death, the court heard.

He was ultimately rushed to Accident and Emergency by the defendants at about 18:30 BST on 27 July 2023.

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

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

Home Office pathologist Dr Alison Armour 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.

Gifford said she had identified three "near miss" episodes in which Preston had been in a critical condition.

A 29-second video on Varley's phone showed the baby lying on the floor in only a nappy, struggling for breath.

Gifford was also asked about a video - again from Varley's phone - that had been taken about 90 minutes before Preston was rushed to hospital on the day he died.

In it, the little boy is on a bed in a babygrow, struggling to breathe.

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."

Gifford also said she could identify nine bruises to his face and one to his chin, on top of the 30 injuries found at post-mortem.

She said a child his age and size learning to walk would only generate "low force" compared to an older child who may injure themselves for example on a skateboard or bicycle.

Gifford said the sheer number of bruises and the fact they often appeared in clusters and patterns suggestive of "grip-type" marks was indicative of physical abuse.

In her opinion, Gifford told the jury it was not "clinically remotely plausible" they could have been caused accidentally.

She said 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."

Gifford said the child's response, staring blankly, not laughing or enjoying the activity, would be consistent with a sign of trauma called "frozen watchfulness".

At post-mortem, Gifford said she had identified from photographs 26 sites of injuries with 30 individual bruises, both external on the skin and below the surface, internally.

These included nine bruises to the front of Preston's head and five to the back.

This was well in excess of the number a baby of this age would have and not consistent with accidents or normal domestic behaviour, she added.

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.

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