Injuries to baby allegedly murdered by Blackpool teacher Jamie Varley were not caused by medics, jury told
Dr Armour said: “I find it very difficult to accept this bruise was caused by medical instrumentation.”
Injuries to a baby allegedly sexually abused and murdered by a teacher in the process of adopting him were not caused by attempts to save his life, a court heard.
Preston Davey, aged 13 months, was rushed to hospital unresponsive by Jamie Varley, 37, and John McGowan-Fazakerley, 32, Preston Crown Court heard.
Ex-South Shore Academy teacher Varley told police he had left the child in the bath for three or four minutes and returned to find him submerged in the water at his home in Staining Road, Staining.
Medics worked for nearly an hour trying to resuscitate the child before he was declared dead at Blackpool Victoria Hospital at 7.18pm on July 27, 2023.
But Home Office pathologist Dr Alison Armour ruled out drowning as a cause of death.
A post mortem showed the child had suffered around 40 injuries, including 30 external bruises, a fracture to his upper left arm and internal bruising to his throat, bottom and bladder.
During the four months Preston was under adoption at the defendants’ Blackpool home, it is alleged he was routinely ill-treated, had indecent images and videos taken of him, was sexually abused and physically assaulted.
Varley, 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.
Salesman McGowan-Fazakerley, 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.
Dr Armour described some injuries as “most unusual” including what she thought was a bruise consistent with a human bite mark on the child’s bottom.
But Nick Johnson KC, representing Varley, suggested an injury to Preston’s pharynx, or the back of his throat, could have been caused by medical intervention to save his life as nurses and doctors put a breathing tube into his mouth.
Dr Armour said: “I find it very difficult to accept this bruise was caused by medical instrumentation.”
Mr Johnson said inserting the breathing tube, intubation, involves inserting a non-sharp instrument called a blade and the medics were working in an emergency situation.
Dr Armour said: “It’s nowhere near the pharynx.”
Mr Johnson said: “Nowhere near, given the anatomy of a 13-month-old?”
Dr Armour said: “Anaesthetists are trained not to put the tube in the pharynx.
“It will kill the patient.”
She told the jury any instrument would have injured the surface of the pharynx, whereas the bruising in Preston was not visible and only revealed post mortem at the back of the throat, internally.
The pathologist also said bruising only occurs in life, when the heart is pumping and there is blood circulation.
Mr Johnson said the evidence showed there was heart activity for 13 minutes during the hour or so medics tried to resuscitate Preston.
But Dr Armour said the circulation would be insufficient to produce bruising as Preston was admitted to hospital not breathing and his heart had stopped.
She said this was why there were no bruises left around the needle marks and cannulas put into his body during emergency resuscitation attempts.
Mr Johnson then said as the body tries to sustain life it will try to maintain blood flow to the heart and head, to preserve the brain, and suggested this could explain the bruise to the throat.
Dr Armour said: “For me to logically say to this court, that bruising to the throat was caused by intubation, but there’s no bruising to any other resuscitation marks, I can’t accept the logic of that proposition put to me.”
Mr Johnson then questioned the pathologist about some of what she described as “fingertip” bruising to Preston’s head and chin.
He asked if the use of a breathing mask on Preston and holding it in place could explain the bruising.
Dr Armour said: “If medical staff have caused these bruises they are of excessive force and bruised a baby.”
Mr Johnson suggested bruises on Preston’s leg, which Dr Armour said were consistent with a slap, could have been caused by having a firm grip of the child.
Dr Armour said: “That’s inconsistent with a grip. I have seen many grip marks in my career. The injury is actually inflicted in life. I deal with the dead, but the injury is inflicted in life.
“If this baby does not have a cardiac output, these bruises are not due to any handling or resuscitation.
“In relation to this, this is consistent with a slap and inconsistent with a grip.”
Earlier, 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.
She told the court some injuries were possibly caused by “forcible penetration” and post-mortem photographs showed parts of the child’s anatomy to be “abnormal”.
The trial was adjourned until Friday morning.