The jury in the trial of a British teacher and his boyfriend, accused of sexually abusing and murdering the infant boy they were adopting, was suddenly discharged on Thursday.
Jamie Varley, 37, and John McGowan-Fazakerley, 32, were on trial for their alleged crimes against 13-month-old Preston Davey when the judge, Justice Mark Turner, discharged the six men and six women of the jury, the Manchester Evening News reported.
The reasons for the jury’s discharge were not immediately given.
Preston Davey was 13 month olds when he was killed. Lancashire Police“Circumstances have arisen which make it impossible for this trial to continue,” Turner told the jury at Preston Crown Court in northwest England.
“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,” he added.
“I’m afraid I’m left with no reasonable alternative … with a heavy heart I discharge you from this trial,” the judge said.
The tot was “routinely ill-treated, sexually abused and physically assaulted” by both men, prosecutors said. APThe jury previously heard how Davey was allegedly suffocated to death by Varley, just four months after he was placed in the couple’s care.
The prosecution argued he was seriously sexually assaulted twice by Varley which led to his death, and had more than 40 internal and external injuries when he died.
The tot was “routinely ill-treated, sexually abused and physically assaulted,” by Varley, a school teacher, and his boyfriend, prosecuting lawyer Peter Wright told the jury.
On three separate occasions, he was taken to the hospital, including once with a fractured arm, before he died on July 27, 2023.
Sales rep McGowan-Fazakerley came home from work that evening to find a “panicking” Varley trying to resuscitate Davey, the jury was told.
Preston Davey was seriously sexually assaulted by Varley, prosecutors said. Lancashire PoliceThe pair drove the baby — who was in cardiac arrest — to a nearby hospital, but he could not be saved.
His post-mortem revealed Davey had suffered 40 internal and external injuries including severe bruising to the back of the throat, the jury was told.
The child died of “acute upper airway obstruction” after being smothered to death, a pathologist found.
Both defendants deny the allegations.
Varley claimed he discovered Davey drowning in the bath after stepping away for a short time.
But the pathology evidence did not support that, Wright said.
Varley is accused of subjecting the infant to two serious sexual assaults which caused his death.
A new jury is expected to be sworn in on Monday when the trial restarts.
