The trial of two adoptive fathers charged in connection with the death of baby Preston Davey continued on June 8. Jamie Varley, 37, and John McGowan-Fazakerley, 32, face multiple charges related to the death of 13-month-old Preston, whom they were in the process of adopting. Preston, known as Elijah while in their care, died after being taken to Blackpool Victoria Hospital on July 27, 2023. The trial is being held at Preston Crown Court and is expected to last approximately six weeks.
Charges Against the Defendants
Jamie Varley is accused of murder, sexual assault of a child under 13, inflicting grievous bodily harm, five counts of child cruelty, and multiple counts of making, taking, and distributing indecent images. John McGowan-Fazakerley faces charges of causing or allowing the death of a child, two counts of child cruelty, and sexual assault of a child under 13. Both men, of Staining Avenue, Blackpool, have denied all charges.
Prosecution's Closing Speech
In his closing speech, prosecutor Peter Wright KC argued that the defendants failed Preston. He stated that Varley had confided in a friend about having "dark thoughts" of drowning or suffocating Preston, and that McGowan-Fazakerley was aware of the risk but failed to act. Wright described the death as a "tragedy waiting to happen." He emphasized that the couple's accounts of events were misleading and that they sought to conceal the truth.
Key Evidence Presented
The prosecution presented evidence of multiple injuries, including 40 non-accidental injuries found during the post-mortem examination. The cause of death was given as upper airway obstruction. Videos and photos from the defendants' phones showed Preston in distress, including a video of him draped over a cot. A pathologist testified that the injuries were consistent with abuse, including bruising, fractures, and signs of sexual assault.
Defense Arguments
The defendants' legal teams argued that the injuries were accidental or caused by medical intervention. A defense expert, Professor Crane, gave the cause of death as unascertained, suggesting alternative explanations such as inexpert resuscitation attempts. However, the prosecution dismissed this as implausible.
Judge's Directions to the Jury
Judge Mr Justice Turner instructed the jury not to let emotion influence their decisions and to consider each defendant separately. He explained the legal definitions of the charges and emphasized that the jury must be sure beyond reasonable doubt to convict. The jury was also given a "route to verdict" document to aid their deliberations.
The trial has been adjourned, and the jury will continue their deliberations on Tuesday.
