The partner of a teacher accused of sexually abusing and murdering their adopted baby son now believes he must have 'done something' to cause his death, a court heard today. Jamie Varley, 37, was questioned about the day 13-month-old Preston Davey died after being rushed to hospital by himself and his partner, John McGowan-Fazakerley, 32.
Varley, at times emotional, said he left the tot, who he named Elijah, in the bath for only a couple of minutes, but returned to find him submerged, Preston Crown Court heard. But a Home Office pathologist later ruled out drowning and found the child had suffered 40 traumatic injuries which jurors have been told are consistent with sexual and physical abuse.
Varley denies murdering Preston, while McGowan-Fazakerley denies allowing his death. Both deny sexually abusing him and child cruelty charges.
Varley's Testimony
Giving evidence today, Varley was asked more than once by his barrister Nick Johnson KC whether he had 'made up' the bath story to cover up for a deliberate assault on Preston. Finishing his questions, he asked: 'Mr Varley, how do you feel now about Preston Elijah's death?'
Varley replied: 'I feel we have not been given time to grieve. I feel we are still looking for our answers. I feel our pathologist, Professor Jack Crane, is closer to what I experienced that day. I know 100% their allegations and opinions and view points are wrong. It could not be further from the truth. I'm lost for words.'
Mr Johnson said: 'What would you say, if it's said the bath incident is entirely made up?' Varley replied: 'It's not. There would be no reason to make such things up.'
Background of the Case
Preston, described as happy, healthy and a 'bubby' baby, was adopted and began living with the defendants at their home in Blackpool on April 1, 2023. But it is alleged before his death four months later, on July 27, he was routinely ill-treated, had indecent images and videos taken of him, and was sexually abused and physically assaulted.
Varley, who took parental leave from his job as head of year at a local high school, said on the afternoon of the day Preston died the child did not have his usual nap so he put him in bed with himself and nodded off. After he woke up he noticed Preston was not well.
'What did you do?' Mr Johnson asked. Varley replied: 'I opened Snapchat and filmed him having what I believed to be a seizure.' He said it was like previous seizures, and he filmed it to show medical staff the symptoms, and he did not think Preston needed medical assistance at the time.
He later flicked through his phone, discussing the online sale of a kayak, looked at social media and checked emails as he soothed Preston who was recovering, he said. There were then two phone 'activity gaps' in which the phone was not being used, lasting around half an hour.
The Bath Incident
Varley said he ran a bath for the baby, the water about two inches in depth, and sat the child on a bath seat, as he got in the shower cubicle next to it. After a quick shower he said he left the bathroom to get a towel and clothes, but when he returned, one or two minutes later, Preston was off his seat and in the water.
Varley said he initially regarded it as a 'stupid close call' but the child then began vomiting very heavily and his condition worsened. 'That's when panic started to kick in,' Varley said, who told the court he put his fingers in the child's mouth as he thought he might be choking.
At this time McGowan-Fazakerley returned home from work and Preston lost consciousness, Varley said, so they rushed him to hospital. Medics tried for an hour to revive the baby but told Varley they could not save his life.
Varley continued: 'I remember running straight through them down the corridors to see Preston. I remember at some point seeing a cross in the hospital, I remember grabbing that cross asking the Lord not to take him. I believe it was my fault through walking out of the bathroom. At that point I did not know he had not drowned.'
Varley denied ever having sexually or physically abused the baby.
Medical Evidence
Earlier, Dr Alison Armour, who carried out a post-mortem examination, found non-accidental, internal and external injuries. She gave the cause of death as acute upper airways obstruction by either smothering or an object or objects inserted into his mouth.
The jury has heard Preston had internal injuries to his deep throat, bladder and bottom and 'in excess' of 30 bruises and a human bite mark on his right buttock. Parts of his anatomy were described as 'abnormal', with some injuries consistent with 'forcible penetration' and clinical signs of sexual abuse.
Dr Joanne Gifford, an expert in child sexual abuse and clinical lead for the Royal College of Paediatrics and Child Health, has told the court in her opinion the child showed signs of suffering sexual, physical and emotional abuse.
Cross-Examination
The court heard McGowan-Fazakerley was 'genuinely perplexed' when Preston's cause of death was ruled unascertained, and not drowning. Anne Whyte KC, defending McGowan-Fazakerley, said: 'Mr Varley, you have never disclosed to John anything that can explain the evidence given by Dr Armour or Dr Gifford about Preston's injuries at the time of his death?'
Varley replied: 'No, because I am not aware of how those injuries were caused, so I would be speculating if I was to have an opinion.' Asked if he accepts the cause of death put forward by the prosecution, Varley said he does not accept what is alleged to have caused his fatal collapse.
Ms Whyte said: 'They say that Preston's airways – his ability to breathe – were occluded, that is restricted, to such an extent that he has lost access to oxygen and therefore having a hypoxic injury which led to cardiac arrest. The injuries on Preston's body – the evidence which John doesn't dispute – is that that must have been by way of a deliberate act, because it wasn't drowning. You have not described an accident. You have done something to the child to prevent him breathing.'
Varley replied: 'That is not correct.' Ms Whyte added: 'That is the evidence, and that is the evidence that John accepts, Mr Varley, and you don't.' Varley said: 'I don't, because I was the person in the house that day. I know what happened and I know it wasn't that.'
The barrister continued: 'If that evidence is right – and John accepts it is – it means you have lied to him in the profoundest possible way.' Varley replied: 'I can understand why someone would want to accept that, but it's not right.' He added: 'If I felt for a second that was down to me I would take full responsibility from the beginning. I wouldn't have put John through this.'
'But you have,' Ms Whyte said. 'No, I haven't,' Varley replied.
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 on Tuesday.
