A baby allegedly murdered by a teacher who adopted him had suffered sexual abuse injuries, a court heard.
Dr Joanne Gifford told a jury at Preston Crown Court that she also found evidence baby Preston Davey, aged 13 months, had suffered emotional abuse and physical injuries that could not be explained away as accidental.
Preston was born on June 16 2022 and immediately taken into care by Oldham Council, and placed with foster parents at five-days-old.
At 10-months-old in April 2023, the “sweet and bubbly” baby was adopted by high school teacher Jamie Varley, 37, and his partner John McGowan-Fazakerley, 32, living at their home in Blackpool.
During the four months Preston was under adoption it is alleged he was routinely ill-treated, had indecent images and videos taken of him and was sexually abused and physically assaulted.
Both men deny all charges.
Dr Gifford, an expert in child sexual abuse and clinical lead for the Royal College of Paediatrics and Child Health, said she had reviewed the evidence in the case and produced a 173-page report, sections of which she was taken to to comment on by prosecutor Peter Wright KC.
The witness said she had found around 40 trauma injuries, internally and externally to Preston, including tears and lacerations, with “in excess” of 30 bruises across his body.
Jurors were shown videos and photographs of the child’s bruises both before and after his death along with images of his anatomy, parts of which were described as “abnormal” and caused by, “forcible penetration”, according to a Home Office pathologist.
Dr Gifford told jurors: “The injuries are clinical signs of sexual abuse. More than one occasion.”
Preston had been taken to Blackpool Victoria Hospital three times already before his death, when on a final time he was rushed to Accident and Emergency by the defendants at around 6.30pm on July 27 2023.
Varley told police he had left the child in the bath for three or four minutes and returned to find him submerged in the water.
Medics worked for nearly an hour trying to resuscitate the child but could not save his life.
Home Office pathologist Dr Alison Armour ruled out drowning and concluded the cause of death was an upper airway obstruction, leading to Preston’s collapse by a deliberate act of smothering, or an object or objects inserted into his mouth.
Dr Gifford said before Preston’s death, she had identified three what she called “near miss” episodes where the child was in a critical condition.
These episodes include a 29-second video which was on Varley’s phone showing Preston laid on the floor in only a nappy, struggling for breath.
Dr Gifford was also asked about a video from Varley’s phone, taken around 90 minutes before the child was rushed to hospital on the day he died.
In it, Preston is laid on a bed in a babygrow, struggling to breathe.
Dr Gifford said Preston was displaying “extreme respiratory distress”.
She added: “Clinically I watched that and I wanted to resuscitate him immediately, he looks terminal in that video.
“There are parts of not breathing. Gasping. I would describe as agonal gasp.
“He’s a child in that video who needs to be resuscitated.”
Dr Gifford also said she could identify from photos of Preston before his death nine bruises to his face and one to his chin, on top of the 30 injuries found at post-mortem.
She said a child his age and size learning to walk would only generate “low force” compared to an older child who may injure themselves for example on a skateboard or bicycle.
Dr Gifford said the sheer number of bruises and the fact they often appeared in clusters and patterns suggestive of “grip-type” marks was indicative of physical abuse.
In her opinion, Dr Gifford told the jury it was not “clinically remotely plausible” they could be accidental.
And she said there was also evidence of emotional abuse.
She referred the jury to a video they have seen of Preston being “jump scared” when Varley shouts “Boo!” to him as he falls asleep and other videos of him alone in a bath for 14 minutes.
Other videos show him being spun on a park playground, his eyes rolling back in his head.
“They are hard videos to watch,” she said, “They are a child having unpleasant experiences.”
Dr Gifford said the child’s response, staring blankly, not laughing or enjoying the activity, would be consistent with a sign of trauma called “frozen watchfulness”.
At post-mortem Dr Gifford said she had identified from photographs 26 sites of injuries with 30 individual bruises, both external on the skin and below the surface, internally.
These included nine bruises to the front of Preston’s head and five to the back.
This was well in excess of the number a baby of this age would have and not consistent with accident or normal domestic behaviour, she added.
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 was adjourned until Monday next week.
