Defence expert for Blackpool teacher Jamie Varley accused of baby's murder said death is “unascertained”

An expert defence witness in the trial of a Blackpool teacher accused of murdering a baby he was in the process of adopting agreed there is no evidence the child had drowned.

Ex-South Shore Academy teacher Jamie Varley, 37, told police he had left 13-month-old Preston Davey in the bath for two or three minutes and returned to find him submerged.

But he did not appear to have swallowed water consistent with drowning as hospital medics worked for an hour to resuscitate him, Preston Crown Court heard.

Prosecutors alleged the drowning was a story invented by Varley, with a post-mortem examination finding around 40 trauma injuries on the baby’s body.

Textiles teacher and head of year Varley, 37, of Chandlers Way, Grimsargh and formerly of Staining Road, Staining 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.

His co-accused, salesman McGowan-Fazakerley, 32, also of Chandlers Way, Grimsargh and formerly of Staining Road, Staining denies allowing the death of a child, three counts of child cruelty and one count of the sexual assault of a child.

Professor Jack Crane, the former state pathologist in Northern Ireland, called by the defence, 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 changes of 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 his breathing and this could cause his collapse.

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

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

Mr Wright said: “Children don’t routinely simply collapse and die do they?”

“No, they don’t,” Prof Crane said.

Mr 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 June 16 2022 and immediately taken into care by Oldham Council, and placed with foster parents at five-days-old.

At 10-months-old in April 2023, the “sweet and bubbly” baby was adopted by the defendants, living at their home in Staining.

During the four months Preston was 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 accident and emergency by the defendants at around 6.30pm on July 27 2023, following the alleged incident in the bath at home.

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

At 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, jurors have heard.

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 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 Tuesday morning.