A baby allegedly murdered by a teacher who adopted him had suffered sexual abuse injuries, a court heard. Dr Joanne Gifford told a jury at Preston Crown Court that she also found evidence baby Preston Davey, aged 13 months, had suffered emotional abuse and physical injuries that could not be explained away as accidental.
Background of the Case
Preston was born on June 16, 2022, and immediately taken into care by Oldham Council. He was placed with foster parents at five days old. At 10 months old in April 2023, the “sweet and bubbly” baby was adopted by high school teacher Jamie Varley, 37, and his partner John McGowan-Fazakerley, 32, who lived 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. Both men deny all charges.
Medical Expert Testimony
Dr Gifford, an expert in child sexual abuse and clinical lead for the Royal College of Paediatrics and Child Health, said she reviewed the evidence and produced a 173-page report. Prosecutor Peter Wright KC took her through sections of the report. The witness said she found around 40 trauma injuries, internally and externally, including tears and lacerations, with “in excess” of 30 bruises 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 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.”
Events Leading to Death
Preston had been taken to Blackpool Victoria Hospital three times before his death. On July 27, 2023, he was rushed to Accident and Emergency by the defendants at around 6:30 pm. Varley told police he had left the child in the bath for three or four minutes and returned to find him submerged. Medics worked for nearly an hour trying to resuscitate him but could not save his life.
Home Office pathologist Dr Alison Armour ruled out drowning and concluded the cause of death was an upper airway obstruction, leading to collapse by a deliberate act of smothering or objects inserted into his mouth.
‘Near Miss’ Episodes
Dr Gifford identified three “near miss” episodes where the child was in a critical condition before death. One was a 29-second video on Varley’s phone showing Preston lying on the floor in only a nappy, struggling for breath. Another video, taken about 90 minutes before the child was rushed to hospital on the day he died, showed Preston lying on a bed in a babygrow, 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.”
Physical and Emotional Abuse Evidence
Dr Gifford identified from photos nine bruises to Preston’s 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. The sheer number of bruises and their appearance in clusters and patterns suggestive of “grip-type” marks indicated physical abuse. In her opinion, it was not “clinically remotely plausible” they could be accidental.
Emotional abuse was also evident. Dr Gifford referred to a video of Preston being “jump scared” when Varley shouted “Boo!” as he fell asleep, and other videos of him alone in a bath for 14 minutes. Other videos showed 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.” The child’s response, staring blankly, not laughing or enjoying the activity, would be consistent with a sign of trauma called “frozen watchfulness.”
Post-Mortem Findings
At post-mortem, Dr Gifford identified 26 sites of injuries with 30 individual bruises, both external and internal. 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 accident or normal domestic behaviour.
Charges and Trial
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 sexual assault of a child. The trial was adjourned until Monday next week.
