The prosecution has delivered its closing speech in the trial of two men accused of the murder of a 13-month-old boy, telling jurors that the infant was left 'at the mercy' of his adoptive father and 'paid for it with his life'.
Closing Arguments in Preston Davey Trial
Preston Davey died on July 27, 2023, after collapsing while in the sole care of Jamie Varley at their home in Blackpool. He was rushed to Blackpool Victoria Hospital in cardiac and respiratory arrest but could not be saved.
Jamie Varley, 37, a teacher, denies murder and an alternative charge of manslaughter. His partner, John McGowan-Fazakerley, 32, denies causing or allowing the death of a child.
In his closing speech, prosecutor Peter Wright KC told the jury that Preston's placement with the defendants was 'supposed to be the start of a new life together', but less than four months later, the child had died with injuries consistent with abuse.
Evidence of Abuse
Mr Wright stated that Mr Varley's sexual interest in Preston became apparent 'within weeks', as shown by photos and videos the prosecution say are indecent images. He alleged that Mr McGowan-Fazakerley was 'all too aware' and had participated in a sexual assault on Preston just four days before his death.
On July 24, 2023, Preston was left alone in a bath for 14 minutes, captured on Mr Varley's phone. The prosecution says there were further episodes of physical and psychological abuse.
Mr Wright described Preston's death as 'a tragedy waiting to happen', adding: 'Mr McGowan-Fazakerley knew that and chose to ignore it. Mr Varley knew it was an ever increasing risk and by July 27 he knew it was a virtual certainty but carried on regardless.'
Post-Mortem Findings
Mr Varley claimed he had left Preston alone in the bath and found him submerged, but a post-mortem found no evidence of drowning. Instead, it revealed more than 40 internal and external injuries consistent with physical and sexual abuse.
The prosecutor asked the jury: 'Was his death the result of some terrible accident, his injuries the result of efforts to save his life, or did his body tell a very different tale? One of physical and sexual abuse shortly before his death of acute upper airways obstruction at the hands of Mr Varley in what should have been his home, a place of safety.'
Failure to Act
Mr Wright argued that it was 'inconceivable' that Mr Varley would confide in a colleague about dark thoughts of drowning or suffocating the baby but not reveal these to his partner. He said Mr McGowan-Fazakerley's failure to act amounted to a 'dereliction of his duty'.
'Preston was at the mercy of Jamie Varley's attention on the afternoon of July 27,' Mr Wright said. 'He paid for it with his life. Each of these defendants failed this little boy in the way that is set out in this indictment, and accordingly we invite you to find each of them guilty.'
Charges
Jamie Varley faces charges of murder; manslaughter; sexual assault of a child under 13; inflicting grievous bodily harm; five counts of child cruelty; and further counts of making, taking and distributing indecent images.
John McGowan-Fazakerley is accused of causing or allowing the death of a child; two counts of child cruelty; and sexual assault of a child under 13.
Both men deny all charges. The trial continues.
