A baby allegedly murdered by his adopted parent had a bite mark on him, a court heard. Home Office pathologist Dr Alison Armour was asked to comment on a photograph of 13-month-old Preston Davey, taken of him standing naked in a garden paddling pool around two weeks before his death.
Bite Mark Evidence
Jurors at Preston Crown Court were shown the photo, taken from a distance, showing a darker shade on the child’s right buttock. “It is my view, sir, it most likely represents a human bite mark,” Dr Armour told the jury. She said the mark on his body was a round, circular bruise, turning slightly purple and around 3.5cm in diameter. Peter Wright KC, prosecuting, asked Dr Armour why she thought it was a bite mark. “The size, configuration, which means the shape, are all consistent with a human bite mark,” she said.
Unusual Injuries
Dr Armour also said she found other “most unusual” injuries she had never come across in her 39-year career as a consultant forensic pathologist. The photo was one of a series of videos and images found on the phone of the defendants, James Varley, 37, a former teacher accused of the murder of the baby, and his partner, John McGowan-Fazakerley, 32, accused of allowing the death of the child. Both are also accused of sexual abuse.
During the four months Preston was under their adoption at their home in Blackpool, it is alleged he was routinely ill-treated, had indecent images and videos taken of him, and was sexually abused and physically assaulted. Both men deny all charges.
Dangerous Cot Position
Dr Armour was also asked her opinion on a video recovered from Varley’s phone of Preston in his cot, along with two toy teddy bears, four days before his death in July 2023. The video and 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. “This is very unsafe and in my view dangerous,” Dr Armour said. Mr Wright continued: “What is the risk here presented?” Dr Armour said: “Partial suspension, ultimately leading to death, he’s got his neck in contact with that cot railing. That’s going to inhibit your ability to breathe.”
Lack of Oxygen Signs
In one still photograph, Preston’s head is in a slightly different position with fluid coming from his mouth. Dr Armour continued: “Preston’s tongue is protruding, its blue and also his lips appear blue, consistent with a lack of oxygen in the blood.” Mr Wright said: “In terms of a child in that position for that length of time, how safe or otherwise is such a position?” Dr Armour said: “This is a very prolonged period of time for a child to be in such an unsafe position.”
Death and Post-Mortem
Four days later, at around 6.20pm on July 27 2023, the defendants rushed Preston unconscious from their home to Blackpool Victoria Hospital. Medics worked for nearly an hour to resuscitate the child but could not save him. Varley said he had left the child alone in the bath for three or four minutes before he returned and the baby was partially submerged. Dr Armour, who carried out the post-mortem examination, said people who drown often swallow water but she found no water in Preston’s stomach. She added: “It is my position that drowning can be reasonably excluded as the cause of death in this case.”
Dr Armour concluded the cause of death was an upper airway obstruction, leading to Preston’s collapse by a deliberate act of smothering, or an object or objects inserted into his mouth. The post-mortem examination also found external and internal injuries including bruises to Preston’s forehead, throat, mouth, bladder, bottom and bleeding in the lungs. These were mostly non-accidental, she said, and could not be explained by the attempts by medics to save his life during resuscitation on hospital admission.
Fingertip Bruises and Other Injuries
Many of the external injuries Dr Armour described as “fingertip” bruises, consistent with gripping, prodding, poking and pinching, she said. Dr Armour said some injuries were possibly caused by “forcible penetration”. Preston also had a bruise to the back of his throat which Dr Armour described as “most unusual” and she had never seen before. There was no underlying genetic or neurological condition or infection found to explain the child’s cause of death, Dr Armour said. Post-mortem photographs showed parts of the child’s anatomy to be “abnormal”, jurors heard.
Charges and Trial
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 was adjourned until Thursday morning.
