Jury discharged in adopted baby murder trial

The jury involved in the trial concerning the alleged sexual abuse and murder of a baby boy has been officially released from duty today. The case involved a teacher accused of these crimes while in the process of adopting the child with his partner.

Jamie Varley, aged 37, and his partner John McGowan-Fazakerley, 32, faced charges at Preston Crown Court. The pair stood accused of sexually abusing 13-month-old Preston Davey.

In addition to the abuse charges, Varley was also accused of the child’s murder. Preston Davey tragically died from suffocation four months after being placed under the couple’s care.

On the fourth day of the proceedings, Mr. Justice Mark Turner formally dismissed the jury, comprised of six men and six women, from their duties.

Addressing the jury, Justice Turner explained, “Circumstances have arisen which make it impossible for this trial to continue.”

He acknowledged their dedication and focus during the trial, assuring them, “Your attention and concentration over the past few days have been commendable, and this decision is in no way a reflection on your performance.”

‘I’m afraid I’m left with no reasonable alternative…with a heavy heart I discharge you from this trial.’

Preston Davey died after suffering abuse and was found to have 40 injuries, a jury was told

Preston Davey died after suffering abuse and was found to have 40 injuries, a jury was told

Former secondary school teacher Jamie Varley, 37, denies a total of 25 charges

Former secondary school teacher Jamie Varley, 37, denies a total of 25 charges 

Varley's partner John McGowan-Fazakerley, 32, has pleaded not guilty to five charges

Varley’s partner John McGowan-Fazakerley, 32, has pleaded not guilty to five charges

The reason why the jury was discharged is not reportable for legal reasons.

The court had heard that Preston was placed in the care of Varley and McGowan-Fazakerley, who lived in Blackpool, Lancashire, aged almost 10 months in April 2023.

The pair applied and underwent a ‘robust’ vetting process via Oldham Council to adopt a baby and social workers expressed ‘no concerns’ about their suitability as parents.

But over the course of the following four months Preston was ‘routinely ill-treated, sexually abused and physically assaulted,’ Peter Wright KC, prosecuting, said.

He was taken to hospital by the pair on three separate occasions before he died, including once with a fractured arm.

But each time the couple explained away suspicious bruises to doctors, who failed to raise any safeguarding concerns.

On the evening of July 27, 2023, however, McGowan-Fazakerley came home from work to find Varley trying to resuscitate Preston and ‘panicking,’ the jury was told.

They drove the baby, who was in cardiac arrest, to Blackpool Victoria Hospital, but he could not be saved.

A court sketch of Jamie Varley (left) and his partner John McGowan-Fazakerley (right)

A court sketch of Jamie Varley (left) and his partner John McGowan-Fazakerley (right)

Family picture of tragic Preston Davey, who died in July 2023 aged 13 months

A post-mortem found the tot had suffered 40 internal and external injuries – including severe bruising to the back of his throat. A pathologist concluded he had been smothered and had died of an ‘acute upper airway obstruction.’

Varley and McGowan-Fazakerley were arrested later that day on suspicion of neglect. Varley claimed he had been bathing Preston when he nipped away for a short time and returned to find him drowning.

But Mr Wright said the pathology evidence did not support that and it was the prosecution case that, earlier that day, Preston had been subjected to two serious sexual assaults by Varley which caused his death.

Varley denies murder, sexual assault, assault by penetration, inflicting GBH, four counts of child cruelty, 14 counts of making and taking indecent images of a child, and one charge of distributing an indecent image of a child.

McGowan-Fazakerley, a sales rep, denies causing or allowing the death of a child and two counts of child cruelty.

The pair face two further joint charges of sexual assault and child cruelty.

The trial, expected to last six to eight weeks, is expected to start again with a fresh jury panel on Monday.

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