The defence has presented a new perspective in the tragic case of 13-month-old Preston Davey, with an expert witness telling the court that the infant likely did not die from drowning. This assertion comes as Preston’s adopted father, Jamie Varley, stands accused of sexually abusing and murdering the child, having previously claimed he left Preston alone in the bath only to find him submerged.
The court heard that Varley, 37, informed police he had stepped out of the bathroom for a mere two to three minutes before returning to discover Preston underwater. However, medical professionals who attempted to resuscitate the infant for an hour at the hospital found no definitive signs of water ingestion consistent with drowning.
Prosecutors have countered this account, alleging that the drowning narrative was fabricated by Varley. This claim is supported by a post-mortem examination that revealed approximately 40 traumatic injuries on the baby’s body. Varley is accused of systematically inflicting physical, emotional, and sexual abuse upon Preston, whom he was in the process of adopting with his partner, 32-year-old John McGowan-Fazakerley.
Varley has pleaded not guilty to murder. His co-accused, McGowan-Fazakerley, denies causing or allowing the death of a child. Both men face charges of sexual abuse, though both vehemently deny all offences.
Expert Testimony Challenges Drowning Theory
Professor Jack Crane, a former state pathologist from Northern Ireland called by the defence, offered a compelling alternative explanation to the jury. He suggested that an injury observed on Preston’s throat could have resulted from fingers being inserted into the child’s mouth to clear vomit. Professor Crane also highlighted that the medical procedure of intubation – inserting a breathing tube, which was performed on Preston in hospital – is a “well-recognised” cause of such throat injuries.
Professor Crane stated that he classified the cause of death as “unascertained.” However, he did acknowledge the conclusion of Home Office pathologist Dr. Alison Armour, who posited that one possibility was acute upper airway obstruction, potentially caused by the insertion of one or more objects into Preston’s mouth.
Crucially, Professor Crane explained that the absence of fluid in Preston’s lungs does not definitively rule out death following a “bath-related hypoxic event” that subsequently led to vomiting. He elaborated on his theory:
“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.”
He further suggested that such vomiting would have exacerbated Preston’s breathing difficulties, potentially leading to his collapse.
Cross-Examination and Defence’s Position
During cross-examination, prosecutor Peter Wright KC directly questioned Professor Crane on the drowning theory. When asked if there was “no evidence to support the view this child died of drowning,” Professor Crane responded, “Yes, we are agreed on that.”
Mr. Wright pressed further, asking if children “don’t routinely simply collapse and die.” Professor Crane concurred, stating, “No, they don’t.” The prosecutor then concluded that any suggestion of a near-miss drowning incident would be “wholly dependent on the version of events given by Mr Varley,” to which Professor Crane agreed.
The defence’s explanation for the bruising on Preston’s throat, attributed to fingers clearing vomit, was also acknowledged by the witness as being reliant on Varley’s account. Professor Crane did, however, concede that evidence indicated multiple injuries, both internal and external, some of which were consistent with “forcible penetration” of the child.
Preston’s Short Life and Allegations
Preston Davey was born on June 16, 2022, and was placed into the care of Oldham Council just five days later, residing with foster parents. At 10 months old, in April 2023, he was adopted by Varley and McGowan-Fazakerley and moved to their home in Blackpool.
The prosecution alleges that during the four months Preston lived with his adoptive parents, he endured routine mistreatment. This included accusations of indecent images and videos being taken of him, as well as allegations of sexual abuse and physical assault.
Prior to his death, Preston had been taken to Blackpool Victoria Hospital on three separate occasions. The final incident occurred on July 27, 2023, when he was rushed to the accident and emergency department by the defendants at approximately 6:30 pm, following the alleged incident in the bath at their home.
Dr. Alison Armour, the Home Office pathologist, concluded that drowning was not the cause of death and instead identified acute upper airway obstruction as the primary cause. The post-mortem examination revealed numerous non-accidental injuries, both internal and external. These included bruises and grazes on Preston’s head, face, mouth, upper limbs, chest, back, and left thigh. Jurors were also informed of injuries to Preston’s mouth, throat, and bottom.
The examination described parts of Preston’s anatomy as “abnormal,” with some injuries suggesting “forcible penetration.”
Charges and Trial Status
Jamie 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 count of distributing an indecent photo of a child, and one count of making an indecent photo.
John McGowan-Fazakerley denies allowing the death of a child, three counts of child cruelty, and one count of sexual assault of a child.
The trial has been adjourned until Tuesday morning.
