Adoptive dad 'ashamed' of photos he took of baby, murder trial hears

Yunus MullaNorth West, Preston Crown Court
News imageBBC Baby Preston Davey has a finger in his mouth as he is eating in a high chair. He has brown curly hair and he is wearing a cream baby grow with an elephant on the front and a bib.BBC
A post-mortem examination revealed Preston Davey had suffered about 40 injuries

A teacher accused of murdering a baby boy he had adopted has told a jury he never hurt or sexually abused the infant.

Jamie Varley denies the murder of 13-month-old Preston Davey.

The 37-year-old, from Blackpool, also denied taking photographs or videos as "trophies" of sexual abuse, but told jurors at Preston Crown Court that he felt "disappointed" and "really ashamed" at some of the images he had taken on his phone.

Varley is alleged to have routinely sexually, physically and emotionally abused the baby he had adopted with his 32-year-old partner John McGowan-Fazakerley. Both men deny all charges against them.

  • Warning: The following court evidence contains distressing information

In the fourth week of their trial, Varley gave evidence in his own defence for the first time.

Nick Johnson KC, defending Varley, began by asking: "On 27 July 2023, did you kill Preston Davey by deliberately blocking his airway?

"No, I did not," Varley replied.

Johnson continued: "Did you sexually assault that child in any way? Did you ever willfully harm Preston physically or psychologically?"

Varley replied: "Absolutely not, our son has never been sexually abused. No."

Jurors were told Preston began living with the defendants at their home in Blackpool on 1 April 2023.

The prosecution allege Preston was routinely ill-treated, had indecent images and videos taken of him, and was sexually abused and physically assaulted.

Post-mortem, 40 traumatic injuries were found on his body.

News imageBaby Preston Davey smiles while dressed in a white vest. He appears to be lying in a cot.
Preston Davey died in July 2023, aged 13 months

The court heard Varley, who said he had severe dyslexia, became a design and technology teacher and head of year at a high school before meeting his partner.

Varley said: "I had always thought about having kids. I wanted to be a teacher, a daddy. [I] just never thought it was possible once I realised I was a gay man.

"John was everything I had ever asked for in a relationship. My whole life just changed when I met John."

Varley said the "early stages" of adoption had been an "eye opener" and that Preston was neither a good sleeper nor in a routine.

He added: "It was challenging in the sense it was new to us.

"I felt because I had more experience than John, I felt it was going to be a breeze. But it wasn't."

Varley was asked to explain a text he had sent to his sister about Preston in which, after a sleepless night, he had written: "He's dead meat".

Varley said: "It was just language that I use. In social settings I'm dramatic. Sassy. I just easily throw words about."

He told jurors he had bonded with the baby better than he had expected, as he did not think he could love anything more than his dog, Max.

But his love for Preston exceeded that for his pet, he said.

He added: "When we got the little one, it was special. It was quick. It was strong."

Johnson then asked Varley about photographs of bruises on Preston, who appeared to have a "cluster" of them on his forehead, which child sex abuse expert Dr Joanne Gifford had described as a "red flag".

Varley said Preston, who was learning to crawl, would often bang his head and have little mishaps daily.

He denied ever deliberately bruising the child.

Johnson asked about a photograph of Preston playing naked in a paddling pool, which Home Office pathologist Dr Alison Armour said showed a shaded mark on the child's bottom which resembled a human bite mark.

Johnson said: "Did you ever bite Preston's bottom? What do you say to the suggestion you bit him and took a photo?"

Varley replied: "Absolutely not. Could not be more wrong."

'Very unsafe'

Johnson asked Varley about a series of photos on his phone of Preston in his cot, along with two toy teddy bears, four days before his death on 27 July 2023.

The images stretch over a period of three minutes and 12 seconds, with the child's head and arms over the top horizontal bar of his cot and his neck resting on the bar.

His body is apparently partially suspended, his legs in a "frog like" position and the child seemingly asleep or unconscious, described to the jury earlier as a "very unsafe" and "dangerous" position.

Varley said Preston had gone to sleep before in "funny positions" and, because he had done so again, he had taken pictures.

Johnson said: "Were these trophies of a sexual encounter?"

"No they were not, no," Varley replied. "I did not even recognise, at the moment, it was inappropriate.

"I'm disappointed. I feel shamed. I feel really ashamed.

"I did not mean to cause any distress, any harm in that moment. I felt he was safe.

"I just wanted to capture him, all of his life. I just wanted to capture every part of his life."

Preston was rushed to hospital on 27 July 2023, having suffered a collapse and cardiac arrest, allegedly following a sexual assault by Varley.

Varley told police he had briefly left the child in the bath and when he returned Preston was off his bath seat and submerged.

The court has heard previously that a post-mortem examination had ruled out drowning and found multiple non-accidental internal and external injuries.

Preston's cause of death was found to be acute upper airway obstruction by either smothering or an object or objects inserted into his mouth.

The jury has heard some injuries to Preston were clinical signs of sexual abuse.

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 photographs or videos of a child, one of distributing an indecent photograph of a child, to his co-accused, and one of making an indecent photograph.

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 has been adjourned until Friday.

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