Neighbour wondered why baby 'cried so much', trial hears

The neighbour of a couple who are accused over the death of their adopted 13-month-old son after months of alleged abuse has told a court she had wondered why the baby was crying so much.

Jasmine Nuttall said the walls were thin between her house and that of neighbours Jamie Varley, 32, and John McGowan-Fazakerley, 37, who had adopted Preston Davey in April 2023.

Nuttall said she would hear "raised voices" between the couple and "an unusual amount of crying".

Varley is accused of murdering and sexually abusing Preston, and McGowan-Fazakerley, 32, is accused of allowing his death and sexually assaulting him. Both men deny the charges.

• Warning: The following court evidence contains distressing information

Preston was born on 16 June 2022, and was immediately taken into care by Oldham Council, before being placed with foster parents at five days old.

The child, whom the couple named Elijah, was adopted and moved into their home on Staining Road, Blackpool, on 1 April 2023.

Just under four months later he was pronounced dead at Blackpool Victoria Hospital.

In a statement read to jurors at Preston Crown Court, Nuttall said: "Elijah would cry a lot and to me and my family it was an unusual amount of crying.

"I would often think to myself, 'Why is the baby crying so much?'"

She said at one point McGowan-Fazakerley knocked on her door to apologise.

On another occasion she thought she heard him raise his voice and say, "Stop it now" out of frustration, which she thought "a bit short", jurors heard.

She described the defendants as "an ordinary, friendly couple" and said she had no concerns about them.

"They seemed happy to have him. It seemed like a really happy little family," she said.

"The news as to what has happened to Elijah has come as a complete shock to me."

Her father, Michael Nuttall, described Varley as being the "more confident" of the two and "full of himself".

He said he had heard him raise his voice to his partner but never the other way round.

He added: "Preston cried a lot. In fact, I think a one-year-old shouldn't cry as much as that.

"The crying was high-pitched and he did seem distressed."

Michael Nuttall said he did not say anything to them as he did not want to be an "interfering neighbour".

The prosecution allege Preston was routinely ill-treated, had indecent images and videos taken of him, was sexually abused and physically assaulted, suffering 40 traumatic injuries.

Jurors were told about the first of Preston's three hospital visits before his alleged murder, during the four months he was living with the defendants.

On 25 May, Varley rushed him to the accident and emergency department at about 11:10 BST, the court heard

Zoe Hellowell, a paediatric sister, said: "Jamie had hold of Preston, he was frantic and held him out to me and said, 'He is not breathing'."

Hellowell said the child was breathing, ineffectively, but was unresponsive and floppy.

She also noticed two bruises on either side of his forehead.

Nurse Holly Edwards referred this to hospital safeguarding, and it was passed on to Lancashire Police.

A medical report shown to the jury stated Preston had "unexplained injuries, inconsistent with a version of events given…"

Dr Anusree Satheesh, a senior house officer at the hospital, was bleeped to the emergency in the A&E department.

He said Varley told doctors Preston had earlier had a nosebleed and the child was given oxygen to help him breathe.

He said the baby was in a "postictal state", that is, coming round after a seizure.

Registrar Dr Siaw Sii Cheng said nurses would check on hospital records whether a child was known to social services, but he did not recall any safeguarding issues and Preston appeared to be clinically stable.

Dr Cheng said he did remember bruises on the child's forehead but this was "not unusual" and he was told Preston was learning to walk and had fallen.

He said Varley was "upset and crying" and was being comforted by McGowan-Fazakerley.

In a statement read to the jury, Dr Ghada Tahraoui said social services staff had been asked to attend the hospital but following discussion with a medic there did not appear to be any concerns.

Dr Tahraoui said another doctor spoke to hospital safeguarding staff who told them the child's bruises were not regarded as suspicious and the behaviour of the parents had been appropriate.

Two months later he was informed Preston had died.

He added: "Preston had made an impression on a lot of us because he was so sweet and bubbly."

On 27 July 2023, Preston was again brought in to the hospital by the defendants, unconscious and in a state of cardiac arrest, and medics could not revive him.

Varley told police the child accidentally drowned in a bath, but this was inconsistent with the post-mortem examination which discovered the child had suffered 40 injuries, the court heard.

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.

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