Baby did not drown, murder trial of teacher told

An expert defence witness in the trial of a teacher accused of murdering his adopted son agreed with a Home Office pathologist that there was no evidence that the 13-month-old baby had drowned.

Jamie Varley, 37, told police he had left Preston Davey in the bath for two or three minutes and returned to find him submerged.

The baby, however, did not appear to have swallowed water consistent with drowning, jurors at Preston Crown Court were told.

The prosecution allege that "drowning" was a story invented by Varley, who denies murdering and sexually assaulting Preston. Varley's partner John McGowan-Fazakerley, 32, denies allowing Preston's death, three counts of child cruelty and sexual assault.

• Warning: The following court evidence contains distressing details

Varley is accused of the routine physical, emotional and sexual abuse of the baby he had adopted with McGowan-Fazakerley.

Prof Jack Crane, a former state pathologist in Northern Ireland, was called by the defence.

He told the jury an injury to Preston's throat could have been caused by the insertion of fingers into his mouth to clear vomit.

He also said it was "well recognised" that intubating a patient – inserting a breathing tube as was done to Preston in hospital – can cause such an injury.

Prof Crane said he found the cause of death to be "unascertained" but accepted the conclusion of Home Office pathologist Dr Alison Armour that one possibility could be acute upper airway obstruction, by the insertion of an object or objects into his mouth.

Prof Crane said the fact that no fluid was found in Preston's lungs does not exclude death following a "bath-related hypoxic event" followed by vomiting reflux.

He added: "What I was considering was the possibility Preston had his face submerged under the water for a short period of time insufficient to cause... drowning, but perhaps sufficient to suffer a degree of hypoxia and in this state his level of consciousness could have been decreased, leading to inhalation of food into his lungs by vomiting."

Prof Crane said vomiting would worsen breathing and could cause collapse.

Under cross-examination, prosecutor Peter Wright KC asked him: "There is no evidence to support the view this child died of drowning?"

Prof Crane replied: "Yes, we are agreed on that."

Wright said: "Children don't routinely simply collapse and die do they?"

"No, they don't," Prof Crane said.

Wright continued: "So any incident of near-miss drowning is wholly dependent on the version of events given by Mr Varley?"

"Yes, that's correct," Prof Crane replied.

The witness also agreed the explanation for the bruising to Preston's throat due to a finger clearing vomit from his mouth was reliant on the account given by Varley.

He agreed there was evidence of multiple injuries both internal and external, and some were consistent with "forcible penetration" of the child.

Preston was born on 16 June 2022 and immediately taken into care by Oldham Council.

At five days old, he was placed with foster parents.

In April 2023, the "sweet and bubbly" 10-month-old baby was adopted by the defendants, living at their home in Blackpool.

While under adoption it is alleged he was routinely ill-treated, had indecent images and videos taken of him, and was sexually abused and physically assaulted.

Preston had been taken to Blackpool Victoria Hospital three times already before his death, when on a final time he was rushed to A&E by the defendants at about 18:30 BST on 27 July 2023.

Dr Armour ruled out drowning and concluded the cause of death was an acute upper airway obstruction.

Jurors heard that, during the post-mortem examination, she found multiple non-accidental, internal and external injuries, including bruises and grazes to his head, face and mouth, upper limbs, chest, back and left thigh.

Preston also had injuries to his mouth, throat and bottom.

Parts of his anatomy were described as "abnormal" with some injuries said to have been caused by "forcible penetration".

Varley denies murder, manslaughter, two counts of sexual assault, 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 Tuesday.

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