Jurors have been told it would be “tragic” to convict a teacher with murdering his adopted baby boy on a “gap” in evidence filled with emotion.
Jamie Varley, 37, denies the killing of 13-month-old Preston Davey following months of alleged physical and sexual abuse.
His partner, John McGowan-Fazakerley, 32, denies causing or allowing the death of the child, cruelty and sexual assault.
Both men deny a sexual interest in the child and have pleaded not guilty to all charges during the seven-week trial at Preston Crown Court.
Nick Johnson KC, defending Varley, in his closing speech to the jury said: “This will always be a deeply tragic, shocking case and we can’t bring Preston back.
“It would be even more tragic to convict a man of previous good character from evidence where you are filling the gap with emotion.”
Preston was adopted by Varley, a high school head of year, and McGowan-Fazakerley, a financial sales manager, in April 2023 and in the next four months living at their home in Blackpool, it is alleged he suffered sexual abuse and ill-treatment.
The child was rushed to Blackpool Victoria Hospital on July 27, with Varley telling medical staff he had left the child in the bath for two or three minutes and returned to find him submerged.
But prosecutors allege this was a cover story to explain his sudden death after a sexual assault.
A post-mortem examination found 40 external and internal trauma injuries to the child’s body, consistent with “forcible penetration” and sexual abuse, and ruled out drowning as a cause of death.
Mr Johnson told jurors Preston’s cause of death was initially unascertained and he suggested the prosecution “theory” he died from acute airway obstruction by an object or object placed in his mouth was based on a “rigid” interpretation of circumstantial evidence amounting to “scientific speculation”.
He suggested both internal and external bruises found on the child’s body could be explained by the “frantic” efforts of hospital staff to save his life.
Mr Johnson said Varley would have to be a sophisticated criminal “mastermind” to have hid the physical and sexual abuse of the child, who was being seen by health and social workers whose job it was to spot red flags and who raised a “no hint” of concern.
Anne Whyte KC, defending McGowan-Fazakerley, said the defendants were “two very different individuals”.
She suggested McGowan-Fazakerley was at work and “notably absent” at key moments, with “parts of the jigsaw” kept from him.
Ms Whyte told the jury: “It is clear, whatever happened, that one of them put legitimate trust in the other.
“If you trust and love someone then you are the last person to suspect.
“He too, I’m going to suggest, wants to know the truth.”
She said McGowan-Fazakerley had initially believed Preston had died from secondary drowning possibly complicated by a chest infection.
Describing the defendant as a “quiet, decent, caring man” but with little experience of caring for children, he trusted his partner and the “battery of professionals” who also saw Preston in the weeks before his death.
Ms Whyte added: “Preston was a highly visible child. No-one was hiding him.
“It’s not good enough to find someone guilty by association.”
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 jury is now down to 10, after two jurors were discharged for medical and family-related reasons yesterday and today.
The trial was adjourned until 10.30am on Thursday for the judge to sum up the case before they are expected to retire to consider verdicts later that day.