The death of Constance Marten and Mark Gordon’s newborn baby was a “tragic accident”, the Old Bailey heard today.
The pair are accused of gross negligence manslaughter of the newborn, whom they took off-grid to stop her from being taken into care like their four other children.
Launching his closing remarks to the jury, Francis Fitzgibbon KC, defending Marten, said baby Victoria’s death was no more than a “tragic accident”.
He accused the prosecution of painting the mother as a “monster” during the trial, which he alleged had been prosecuted in an “aggressive, bullish way” as Marten endured five days of cross examination.
Marten, 36, and Gordon, 49, both deny the charges of gross negligence manslaughter of Victoria between 4 January and 27 February last year. They also deny charges of perverting the course of justice by concealing the body, concealing the birth of a child, child cruelty, and allowing the death of a child.
The trial continues.
Key Points
Show latest update
Welcome to our live coverage
Welcome to our live coverage as the Old Bailey trial against Constance Marten and Mark Gordon is set to conclude next week.
We’ll be bringing you all the latest updates here.
Holly Evans11 April 2024 10:22
What did the court hear last time?
Ahead of an Easter break, jurors heard evidence from Professor Peter Fleming, an expert on infant health.
Considering the circumstances of how baby Victoria died, he told the court: “I have seen no evidence of hypothermia as a cause of death but the description of how the baby was being cared for would make hypothermia exceedingly unlikely.”
He added that the length of Victoria’s feet were “most compatible” with death occurring at the age of two to three weeks.
Prof Fleming said Marten’s description had been “extraordinarily consistent”, saying: “My assumption is she is telling the truth unless there is evidence she is not.”
Holly Evans11 April 2024 10:55
When is the trial likely to conclude?
Jurors in the trial of Constance Marten and Mark Gordon are coming to the end of nearly three months of evidence, after it first began in January.
It has suffered a number of delays but is now due to conclude next week, with jurors hearing the remaining evidence today.
Holly Evans11 April 2024 11:41
Key points from Constance Marten’s evidence
Over the course of her evidence, Constance Marten admitted that she felt “responsible” as a mother for the death of her baby Victoria and broke down in the dock on several occasions.
She told jurors that she had “neglected” herself while on the run after giving birth at a cottage on Christmas Eve, with her newborn dying inside her jacket on 9 January.
She also defended living in a tent during sub-zero temperatures, arguing that it was being looked at from a “Western perspective” and adding: “Jesus survived in a barn.”
During cross-examination, she took frequent aim at her “bigoted” family who she claimed had hired private detectives to follow her, and said that her four other children had been “stolen” by the state.
Holly Evans11 April 2024 12:44
Trial due to resume at 2pm
The final parts of evidence are due to be heard this afternoon, with the court reconvening at 2pm.
We’ll be bringing you all the latest updates here.
Holly Evans11 April 2024 14:04
Constance Marten and Mark Gordon return to the dock
The trial of aristocrat Constance Marten and her partner Mark Gordon has resumed.
Marten, 36, appeared in the dock on Thursday wearing a pink blouse alongside Gordon, 49, wearing a blue shirt and navy tie.
Amy-Clare Martin 11 April 2024 14:37
Defence expert admits never carrying out a post-mortem examination on an infant
Professor Peter Fleming, an expert on infant health, previously told the jury it was “exceedingly unlikely” baby Victoria died from the cold.
However, under cross examination, he admitted he has never carried out a post-mortem examination on an infant.
Challenged by prosecutor Tom Little KC, he said he is a pediatrician and not a pathologist but insisted he had observed around 200 post-mortems.
Prosecutor Tom Little KC said: “You have carried out no post-mortem examinations?”
Professor Fleming replied: “I have attended and watched very closely hundreds of post-mortem examinations.”
Amy-Clare Martin 11 April 2024 15:08
Expert challenged on study into babies in tents
Continuing his cross examination, Mr. Little KC challenged Professor Fleming over a study he had written into babies raised in tents – called gers – in cold conditions in Mongolia.
Mr. Little pointed out a ger is large enough for families to walk around in, often insulated with wool and heated by a fire.
He said it was “not helpful” to compare it to the “flimsy” tent Gordon and Marten were staying in on the South Downs.
“I was not comparing the tent with a ger I was comparing the environmental temperature around the baby,” Professor Fleming told the court.
Holly Evans11 April 2024 15:52
‘Not safe’ to carry baby in a Lidl carrier bag
Professor Fleming agreed it would not be safe for a baby to be carried in a Lidl carrier bag in cold conditions.