Prosecutor Peter Wright KC told Preston Crown Court that Preston was 'routinely ill-treated, sexually abused and physically assaulted' before his death. Varley's partner, John McGowan-Fazakerley, 32, is charged with allowing the death of a child and four other offences. Both men deny the charges.
Preston was placed with the couple in April 2023 at about nine months old and died four months later. The court heard he had about 40 traumatic injuries, including 30 external bruises. He was taken to hospital on three separate occasions before his death, including once with a fractured arm, but doctors did not raise safeguarding concerns. Varley claimed Preston died from drowning after he left him unattended in the bath, but Wright said pathology evidence did not support that.
A baby boy was 'routinely ill-treated, sexually abused and physically assaulted' before he was killed by a secondary school teacher adopting him, a jury has heard.
The trial at Preston Crown Court was discharged on the fourth day after circumstances arose that made it impossible to continue. The reason for the discharge is not reportable for legal reasons. Mr Justice Mark Turner told the jury: 'Circumstances have arisen which make it impossible for this trial to continue. I commend your obvious attention and concentration... I'm afraid I'm left with no reasonable alternative... with a heavy heart I discharge you from this trial.'
The couple underwent a 'robust' vetting process via Oldham Council, and social workers expressed no concerns about their suitability, according to reports. It remains unclear why doctors did not raise safeguarding concerns despite multiple hospital visits and suspicious injuries. The exact nature of the alleged sexual abuse and physical assaults has not been detailed in court. The current status of the case after the trial discharge is not yet known.
Sadly, this fact only became so patently obvious when, for Preston Davey, it was too late.
It is a highly emotionally charged case. It is inevitable that it will provoke strong feelings in anyone who hears the details of this case.
As terrible as it is, this tragedy was not the result of some dreadful yet unforeseen accident, or natural phenomenon. The evidence gathered during the investigation into his untimely death revealed a much more sinister pathology. We say the evidence demonstrates that he was murdered by one of the people entrusted with his wellbeing; one of his proposed adoptive parents. We say the person responsible for killing Preston Davey was the defendant, Jamie Varley.
Circumstances have arisen which make it impossible for this trial to continue. I commend your obvious attention and concentration you've exercised over the last few days and you've performed your duty – this isn't any criticism of you. I'm afraid I'm left with no reasonable alternative…with a heavy heart I discharge you from this trial.