The trial of Jamie Varley and John McGowan-Fazakerley, accused in the death of 13-month-old Preston Davey, has been stopped and the jury discharged at Preston Crown Court.

Case Background

The pair were on trial facing serious charges related to the abuse and death of Preston Davey, who was in their care pending adoption. Varley, 37, faced charges of murder, sexual assault, and possessing indecent images. McGowan-Fazakerley, 32, was accused of causing or allowing a child’s death and multiple counts of child cruelty.

Details of the Allegations

Prosecutors presented evidence alleging Preston suffered extensive physical and sexual abuse during the four months he lived with the couple, ultimately leading to his death by suffocation. The court heard evidence detailing 40 separate injuries on Preston’s body, including severe bruising, and multiple hospital visits where injuries were dismissed or explained away.

Jury Discharge and Retrial

The reason for the jury’s discharge is subject to legal restrictions and cannot be reported. Mr Justice Mark Turner expressed regret and commended the jury for their diligence, emphasizing the discharge wasn’t due to their performance.

Prosecution's Narrative

The prosecution, led by Peter Wright KC, detailed a narrative of routine ill-treatment, sexual abuse, and physical assault. Despite a vetting process by Oldham Council initially raising no concerns, Preston allegedly endured escalating abuse.

Timeline of Events

Preston was placed in the care of Varley and McGowan-Fazakerley in April 2023. His condition deteriorated rapidly, leading to multiple hospital visits, including one for a fractured arm. On July 27, 2023, McGowan-Fazakerley found Varley attempting to resuscitate Preston, who was in cardiac arrest. He could not be revived.

Post-Mortem Findings

A post-mortem examination revealed the extent of the abuse and confirmed the cause of death as suffocation. The prosecution alleged Varley subjected Preston to sexual assaults on the day of his death, contributing to the fatal airway obstruction.

Upcoming Proceedings

A new trial is scheduled to begin with a new jury on Monday. The prosecution will likely present the same evidence to the new jurors, seeking justice for Preston Davey. The case highlights the vulnerabilities of children in care and the importance of robust safeguarding procedures.