'Drowned' baby had dry hair, murder trial told

A baby alleged to have been murdered by a teacher who claimed the child accidentally drowned in a bath was found to be not wet and had dry hair, a court heard.

Jamie Varley, 37, claims he left his "happy, smiley, giggly" adopted 13-month-old son, Preston Davey, in the bath for two or three minutes and returned to find him submerged – an account prosecutors allege is made up to cover his sexual abuse and murder of the child.

His partner and co-accused, John McGowan-Fazakerley, 32, told Preston Crown Court when he returned home to Blackpool from work, Varley was trying to revive their son.

Both men deny a sexual interest in the baby and all charges relating to his death.

• Warning: The following court evidence contains distressing information

Cross-examining, prosecutor Peter Wright KC asked McGowan-Fazakerley: "Well, his hair was not wet?"

McGowan-Fazakerley replied: "I can't recall it being wet. I remember it being sort of quite tight locks. Preston was not wet, put it that way."

Wright said: "Shall we try again? His hair wasn't wet, was it?"

The defendant replied: "No. Jay told me what had happened. I just remember him saying, 'He was in his bath seat and then he wasn't'.

"I didn't think, 'A bath has not happened. This is not right'."

Wright continued: "Dry hair. Towels on the floor, dry body. Wearing a nappy. Being told he had been in a bath seat."

The defendant said: "When I entered that house I was absolutely terrified, that I entered a scene I did not expect to see.

"I was shocked, I was trying to help him and trying to get him the medical attention he needed as soon as I possibly could do."

They rushed the child to hospital where medical staff noted the child did not cough up water during an hour-long attempt at resuscitation.

A post-mortem examination ruled out death by drowning and found 40 external and internal injuries to the child's body, consistent with "forcible penetration" and sexual abuse.

Wright suggested the two defendants had "put your heads together" and were "covering up for each other".

McGowan-Fazakerley replied: "No. I would never cover up over the safety of my child."

Earlier, the court heard Preston, a "sweet and bubbly" baby boy, was adopted by the couple in April 2023.

However, prosecutors allege that during the four months Preston was living at their Blackpool home he was routinely ill-treated, had indecent images and videos taken of him, was sexually abused and physically assaulted.

The cause of Preston's death was found to be acute upper airways obstruction by either smothering or an object or objects inserted into his mouth.

Preston was used as a "plaything" for the "amusement" of the defendants, Wright told jurors.

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 continues on Monday.

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