The jury in the case of a baby boy allegedly sexually abused and murdered by a teacher who was in the process of adopting him with his boyfriend was formally discharged today.
Jamie Varley, 37, and John McGowan-Fazakerley, 32, were on trial at Preston Crown Court, accused of sexually abusing Preston Davey, aged 13 months. Varley was also accused of murdering the tot, who was suffocated and died four months after being placed in the couple’s care.
On the fourth day of the trial, the six men and six women were formally discharged by the presiding judge, Mr Justice Mark Turner. He told the jury: 'Circumstances have arisen which make it impossible for this trial to continue. I commend your obvious attention and concentration you’ve exercised over the last few days and you’ve performed your duty – this isn’t any criticism of you. I’m afraid I’m left with no reasonable alternative…with a heavy heart I discharge you from this trial.'
The reason why the jury was discharged is not reportable for legal reasons.
The court had heard that Preston was placed in the care of Varley and McGowan-Fazakerley, who lived in Blackpool, Lancashire, aged almost 10 months in April 2023. The pair applied and underwent a 'robust' vetting process via Oldham Council to adopt a baby, and social workers expressed 'no concerns' about their suitability as parents.
But over the course of the following four months, Preston was 'routinely ill-treated, sexually abused and physically assaulted,' Peter Wright KC, prosecuting, said. He was taken to hospital by the pair on three separate occasions before he died, including once with a fractured arm. Each time, the couple explained away suspicious bruises to doctors, who failed to raise any safeguarding concerns.
On the evening of July 27, 2023, McGowan-Fazakerley came home from work to find Varley trying to resuscitate Preston and 'panicking,' the jury was told. They drove the baby, who was in cardiac arrest, to Blackpool Victoria Hospital, but he could not be saved.
A post-mortem found the tot had suffered 40 internal and external injuries – including severe bruising to the back of his throat. A pathologist concluded he had been smothered and had died of an 'acute upper airway obstruction.'
Varley and McGowan-Fazakerley were arrested later that day on suspicion of neglect. Varley claimed he had been bathing Preston when he nipped away for a short time and returned to find him drowning. But Mr Wright said the pathology evidence did not support that, and it was the prosecution case that, earlier that day, Preston had been subjected to two serious sexual assaults by Varley which caused his death.
Varley denies murder, sexual assault, assault by penetration, inflicting GBH, four counts of child cruelty, 14 counts of making and taking indecent images of a child, and one charge of distributing an indecent image of a child. McGowan-Fazakerley, a sales rep, denies causing or allowing the death of a child and two counts of child cruelty. The pair face two further joint charges of sexual assault and child cruelty.
The trial, expected to last six to eight weeks, is expected to start again with a fresh jury panel on Monday.
