A baby who was allegedly murdered by the high school teacher who adopted him was sexually abused, a court has heard.
Jamie Varley, 37, is on trial for the murder of 13-month-old Preston Davey, while his partner John McGowan-Fazakerley, 32, is accused of allowing his death, with both men accused of sexual abuse.
Dr Joanne Gifford told the jury at Preston Crown Court that she also found evidence that Preston had suffered emotional abuse and physical injuries that could not be explained as accidental.
The court heard Preston was born on June 16, 2022 and was initially looked after by Oldham Council. He was placed with foster parents and eventually adopted.
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WARNING: The following forensic evidence contains distressing information
The “sweet and bubbly” baby was adopted by Valli in April 2023 when he was 10 months old, and he lived with McGowan-Fazzakley in Blackpool.
It is alleged that during the four months Preston was with the couple he was regularly abused, had indecent photos and videos taken of him and was sexually abused and physically assaulted.
Both men deny all charges against them.
Gifford, an expert on child sexual abuse and clinical lead at the Royal College of Paediatrics and Child Health, said she had reviewed the evidence in the case and produced a 173-page report, parts of which she was questioned in court by prosecutor Peter Wright KC.
The witness said she found Preston with about 40 internal and external injuries, including lacerations and cuts, and “over” 30 bruises all over his body.
Jurors were shown videos and photos of the child’s bruising before and after his death, as well as images of his anatomy, some of which were described as “abnormal” and caused by “forcible penetration”, according to a Home Office pathologist.
“These injuries are clinical signs of sexual abuse. More than once,” Gifford told jurors.
The court heard Preston was admitted to Blackpool Victoria Hospital three times before his death.
Finally, he was taken to the accident emergency center by the defendant at about 18:30 BST on July 27, 2023.
Valli told police he left him in the bathtub for three or four minutes and found him submerged in the water when he returned.
Paramedics spent nearly an hour trying to revive Preston but were unable to save his life.
Autopsy revealed Preston Davey suffered about 40 injuries [Police handout]
Home Office pathologist Dr Alison Armor ruled out drowning and concluded the cause of death was upper airway obstruction causing Preston to collapse either from deliberate asphyxiation or the insertion of one or more objects into his mouth.
Gifford said she has identified three “close calls” in which Preston was left in critical condition.
A 29-second video on Valli’s phone shows the baby lying on the floor wearing only a diaper and struggling to breathe.
Gifford was also asked about a video – also from Valley’s cell phone – that was taken about 90 minutes before Preston was taken to the hospital on the day of his death.
In the picture, the little boy is lying on the bed of his crib, struggling to breathe.
Gifford said Preston was exhibiting “extreme difficulty breathing.”
She added: “From a clinical perspective, I saw the video and I wanted to resuscitate him immediately – he looked terminally ill in the video.
“There were parts where there was no breathing. Gasping. I would describe it as a painful gasp.
“He was one of the children in the video who needed resuscitation.”
Gifford also said that in addition to the 30 injuries found during the autopsy, she also found nine bruises on his face and one on his chin.
A child his age and size learning to walk would only produce “low force” compared with older children, who might get injured on a skateboard or bike, she said.
The sheer number of bruises, and the fact that they often appear in clusters and patterns, suggestive of “grab-type” marks, is indicative of physical abuse, Gifford said.
In her opinion, Gifford told the jury it was “clinically unlikely” the cause was accidental.
“Freeze alert”
She said there was also evidence of emotional abuse.
She recommended to the jury a video in which Preston “jumped” when Valli yelled “Shh!” Video of him falling asleep and other videos of him taking a shower alone for 14 minutes.
Other videos show him spinning around in a park playground, his eyes rolling back in his head.
“These videos are difficult to watch,” she said. “They’re a kid who’s had a bad experience.”
The child’s response, which was to stare blankly, not smile or enjoy the activity, was consistent with a sign of trauma known as “frozen alert,” Gifford said.
Gifford said that during the autopsy, she found 26 injuries in the photos, including 30 bruises, both external to the skin and internal below the surface of the skin.
These included nine bruises on the front of Preston’s head and five on the back.
She added that this was far beyond the number of babies in this age group and was not consistent with an accident or normal family behaviour.
Varley denies murder, manslaughter, two counts of assault by penetration, five counts of child abuse, grievous bodily harm, sexual assault of a child, 13 counts of taking indecent images or videos of a child, one count of distributing indecent images of a child to a co-accused and one count of making indecent images.
McGowan-Fazakeli denies allowing the death of a child, three counts of child abuse and one count of sexual assault of a child.
The trial was postponed until Monday.
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