Constance Marten trial - latest: Judge summing up evidence as court case over baby death enters final stages
The judge is summing up the evidence as the trial of aristocrat Constance Marten and her partner Mark Gordon over the death of their baby enters its final stages.
The couple is 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.
The Recorder of London, Judge Mark Lucraft KC, began summing up the evidence to the jury at the Old Bailey on Thursday. Evidence recapped so far includes eyewitness Ken Hudson, who stopped to help the couple when their car caught fire on the M61 near Bolton on 5 January.
Mr Hudson previously told the court he fears baby Victoria would still be alive if he had stayed at the roadside with the parents until police arrived. But the pair fled with baby Victoria after he pulled away, leaving their burning car at the roadside along with most of their possessions.
Police later found £2000 in cash, Marten’s passport, 34 burner phones and a placenta wrapped in a towel in the burnt-out vehicle.
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
What happened to baby Victoria was ‘no crime’, Marten’s lawyer says
Marten found it ‘virtually impossible’ to accept family court’s decision to take her other children
Parents ‘a touch paranoid’ amid ‘sensational’ news coverage, court told
Prosecution accused of ‘nasty class prejudice’ against Marten
What happened yesterday?
Trial concludes for the day
16:34 , Holly Evans
The trial has concluded for the day, with the Recorder of London Judge Mark Lucraft KC due to conclude his summary of the case on Wednesday.
Jurors reminded of moment Marten and Gordon were arrested
16:16 , Amy-Clare Martin
The court heard how the couple were arrested after 53 days on the run.
Summing up, Judge Lucraft reminded jurors how the couple were spotted by a member of the public as they bought food from Mulberry convenience shop in Brighton on 27 February last year.
When police arrested them at nearby Stanmer Villas, Marten had what appeared to be furniture stuffing in her jacket as insulation.
The court previously heard how Marten told police her name was Arabella and said “you can’t arrest someone for hiding a pregnancy” when she was caught.
Read our coverage here.
Eyewitness thought Marten looked homeless
15:53 , Holly Evans
Judge Lucraft reminded jurors of evidence from an eyewitness who said she saw Marten looking in a shop window in East Ham, London, on 7 January.
The woman said Marten looked like she might be homeless and it appeared she was trying not to attract attention to something she was carrying under her coat.
“She looked like she had something wrapped in her coat, which initially guessed was something that could have been stolen or could have been a pet,” Judge Lucraft recounted.
“However in hindsight she thought it could have been a baby.”
That evening, Gordon bought a tent, sleeping bags and two pillows from Argos in Whitechapel.
Holiday cottage in Northumberland left in disarray
14:37 , Holly Evans
Judge Mark Lucraft KC is continuing his summing up of the evidence this afternoon.Jurors were previously told how Marten and Gordon spent Christmas 2022 at a holiday cottage in Northumberland.
The pair had reserved the holiday let called ‘Woodcutters Cottage’ for six nights on the Booking.com website.
Owners said they found the cottage in disarray when they checked out - with candle wax and cat litter on the floors and carpets, the bed throw stained with curry, and the bathroom littered with urine stains, the court heard.
When she gave evidence, Marten told the jury she had delivered baby Victoria unaided in the cottage on Christmas Eve.
Read more of our trial coverage here:
Judge is summing up the evidence
12:58 , Amy-Clare Martin
The Recorder of London, Judge Mark Lucraft KC, is summing up the evidence to the jury as the trial enters its final stages.
Evidence recapped so far includes eyewitness Ken Hudson, who stopped to help the couple when their car caught fire on the M61 near Bolton on 5 January.
Mr Hudson previously told the court he fears baby Victoria would still be alive if he had stayed at the roadside with the parents until police arrived.
But the pair fled with baby Victoria after he pulled away, leaving their burning car at the roadside along with most of their possessions.
Police later found £2000 in cash, Marten’s passport, 34 burner phones and a placenta wrapped in a towel in the burnt out vehicle.
Read our coverage of his evidence here
Trial resumes
11:16 , Holly Evans
The trial of Constance Marten and her partner Mark Gordon has resumed, with the judge summing up the case to the jury following speeches by both the prosecution and the couple’s defence lawyers.
Follow here for the latest updates.
What happened yesterday?
10:15 , Holly Evans
During yesterday’s summing up, lawyers for aristocrat Constance Marten claimed she is a victim of “nasty class prejudice” as they insist her baby’s death while on the run was a tragic accident.
In his closing remarks to the jury, Francis Fitzgibbon KC, defending Marten, said the newborn’s death was “no crime” after she fell asleep holding the infant, named Victoria, as she sheltered in a tent with her partner Mark Gordon.
“What happened to Victoria was no crime. But rather a terrible, tragic accident,” he told the Old Bailey on Wednesday.
Read the full article from our crime correspondent Amy-Clare Martin here:
Marten a victim of ‘class prejudice’ in trial over death baby with Gordon, court told
Case to resume at 10.30am
09:09 , Holly Evans
The Recorder of London Mark Lucraft KC is due to begin summing up the case of Constance Marten and Mark Gordon from 10.30am at the Old Bailey.
We’ll be bringing you all the latest updates here.
Prosecution accused of ‘nasty class prejudice’ against Marten
Wednesday 17 April 2024 15:23 , Amy-Clare Martin
Mr Fitzgibbon said repeated references to Marten’s “rich and privileged” background and her trust fund were a “distraction” and an “irrelevance”.
“The comment made yesterday about her upstairs downstairs attitude was just throwing a bit of nasty class prejudice,” he added. “Just another little smear.”
It comes after prosecutor Tom Little KC yesterday suggested Marten had an “upstairs, downstairs mentality” after she referred to a witness as a “random workman”.
Baby Victoria was not a victim of abuse, court told
Wednesday 17 April 2024 15:09 , Amy Clare-Martin
Mr Fitzgibbon insisted that the infant’s death was a “tragic accident” which could have happened anywhere after Marten fell asleep holding her child.
He said parents are prosecuted in cases where the children are found to be have been abused, but “we say there is no such abuse here”.
“A woman who has given birth two weeks or so before will be exhausted by caring for her baby wherever she may be,” he added.
Weather was not below freezing when they arrived in Sussex, court hears
Wednesday 17 April 2024 14:52 , Amy-Clare Martin
Mr Fitzgibbon denied that baby Victoria died of hypothermia – insisting the weather was not freezing when the parents arrived in Sussex.
Marten claims the infant died inside her jack on 9 January, just a day after they pitched the tent on the South Downs.
“Conditions were not freezing. There was no ice or snow or frost,” Mr Fitzgibbon told the court.
He added: “It was not toasty warm, for sure, but neither was it freezing cold or wintry.
“So carried within Constance Marten’s puffer jacket – was she likely to become dangerously cold?”
Trial returns after lunch break
Wednesday 17 April 2024 14:28 , Joe Middleton
The trial has started again and the court will hear further from Francis Fitzgibbon KC, who is defending Constance Marten.
What happened yesterday?
Wednesday 17 April 2024 13:45 , Joe Middleton
In court on Tuesday, aristocrat Constance Marten was accused of making “fantastical” claims about “Mission Impossible-style” private investigators trailing her and her partner Mark Gordon.
A court heard how the couple feared they were being tracked by investigators hired by Marten’s wealthy relatives as they went on the run with their newborn daughter Victoria.
But lead prosecutor Tom Little KC dismissed their concerns - including fears investigators had tampered with their car which caught fire – as “fantastical” as he concluded his closing speech on Tuesday.
Amy-Clare Martin reports.
Marten accused of ‘fantastical’ claims about ‘Mission Impossible-style’ investigators
Trial breaks for lunch
Wednesday 17 April 2024 13:15 , Joe Middleton
The trial is taking a break and will return at around 2pm.
Claims the couple carried baby Victoria in Lidl carrier bag while still alive a ‘smear’, court told
Wednesday 17 April 2024 12:46 , Amy-Clare Martin
Mr Fitzgibbon told the jury that in CCTV footage of the couple on the run the baby is being “held close” by one or other of the parents.
“We say it is a smear and nothing more to suggest that the baby was in the shopping bag at any stage,” he added.
Defence insists alleged sightings after 12 January were ‘confirmation bias’
Wednesday 17 April 2024 12:33 , Amy-Clare Martin
Mr Fitzgibbon insisted baby Victoria died on 9 January – the day after the couple pitched a tent on the South Downs, before the couple purchased petrol on 12 January as they considered cremating the infant.
He said alleged witness sightings of the baby after 12 January were a “classic case” of confirmation bias by members of the public who had read media reports about the family.
In aftermath of Victoria’s death the parents were “deranged with grief and anxiety”, he said, adding: “They were scared of being found and falsely accused of killing their baby.”
Parents ‘a touch paranoid’ amid ‘sensational’ news coverage, court told
Wednesday 17 April 2024 12:24 , Amy Clare-Marten
Mr Fitzgibbon said the parents kept themselves out of sight because they did not want to lose another child.
“Constance and her husband didn’t want another child to be taken from them so they kept themselves – and continued to keep themselves – out of sight and then later off the grid entirely,” he told the jury.
He admitted they may have felt somewhat “paranoid” as they travelled the length and breadth of the country amid high profile appeals to find them.
“As you know they were pursued for some of that time by the authorities – no doubt for good reason – and the media in the most public way imaginable. Could that not make anyone a touch paranoid, if that’s what they were?,” he said, adding: “The story was a sensation and it was reported sensationally.”
Marten found it ‘virtually impossible’ to accept family court’s decision to take her other children
Wednesday 17 April 2024 12:01 , Amy-Clare Martin
Mr Fitzgibbon said he was not asking for a “sympathy vote” but urged the jury to show the mother empathy.
“What I do ask for is your empathy, by which I mean your ability to see what happened from Constance Marten’s own point of view. Or, as she put it, walk a distance…in her shoes before you judge her,” he told the jury.
He said she was a mother managing “quasi grief” after her four other children were taken into care by a family court.
“As a mother she laments the loss of her four children. She finds it virtually impossible to accept that those decisions were right. Whether they were or not, she can’t accept it,” he added.
What happened to baby Victoria was ‘no crime’, Marten’s lawyer says
Wednesday 17 April 2024 11:23 , Amy-Clare Martin
Launching his closing remarks to the jury, Francis Fitzgibbon KC, defending Marten, said baby Victoria’s death was no more than a “tragic accident”.
“What happened to Victoria was no crime. But rather a terrible, tragic accident,” he told the court.
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.
He added: “There were times when it was almost personal…as if they wanted to make you hate her or fill you with righteous anger so you would be more inclined to find her guilty.”
The case is underway
Wednesday 17 April 2024 11:13 , Joe Middleton
The trial of Constance Marten and Mark Gordon has resumed today at the Old Bailey.
Our crime correspondent Amy-Clare Martin will be bringing you the latest updates from the case.
Proceedings today will start shortly
Wednesday 17 April 2024 10:40 , Joe Middleton
We’ll bring you updates as we get them from our crime correspondent Amy-Clare Martin who is at the Old Bailey.
What happened yesterday?
Wednesday 17 April 2024 10:00 , Joe Middleton
In court on Tuesday, Aristocrat Constance Marten was accused of making “fantastical” claims about “Mission Impossible-style” private investigators trailing her and her partner Mark Gordon.
A court heard how the couple feared they were being tracked by investigators hired by Marten’s wealthy relatives as they went on the run with their newborn daughter Victoria.
But lead prosecutor Tom Little KC dismissed their concerns - including fears investigators had tampered with their car which caught fire – as “fantastical” as he concluded his closing speech on Tuesday.
Amy-Clare Martin reports.
Marten accused of ‘fantastical’ claims about ‘Mission Impossible-style’ investigators
Good morning
Wednesday 17 April 2024 09:44 , Joe Middleton
We are restarting live updates on this blog with Constance Marten and Mark Gordon due back at the Old Bailey for the recommencing of their manslaughter trial at 10.30am.
Trial adjourns for the day
Tuesday 16 April 2024 16:33 , Holly Evans
The trial of Constance Marten and Mark Gordon has adjourned for the day, with jurors expected to return for the remainder of the defence team’s summing up at 10.30am on Wednesday.
Baby Victoria died in mother’s arms in a 'tragic accident', court told
Tuesday 16 April 2024 16:23 , Amy-Clare Martin
Mr Femi-Ola told the court baby Victoria died in a tragic accident and insisted co-sleeping does not amount to neglect.
“It was an accident. It happened and it can happen. It happened and it can happen anywhere that a mother and baby are together,” he said, adding 149,000 babies co-sleep with their parents in this country every single night.
“We suggest that sleeping with a baby doesn’t amount to neglect and is not unlawful,” he added.
He told the jury there is no evidence that Marten and Gordon were smoking, drinking or taking drugs in the tent.
“No, she was in her mother’s arms. It was a tragic accident,” he continued. “One can only imagine the sheer terror they must have felt when they discovered their beautiful girl had passed.”
Gordon’s lawyer denies the couple are ‘callous and cruel’
Tuesday 16 April 2024 16:05 , Holly Evans
In his closing speech, Gordon’s barrister John Femi-Ola KC disputed the way the prosecution had cast the defendants.
He told jurors: “In opening this case, she and her partner Mark Gordon were described as callous and cruel.
“That woman you saw in the witness box over a number of days, ask yourself in all honesty, is callous the first image that comes into your mind?
“The name Constance is rooted in Latin. Constania, it means steadfastness, resolute, faithful, loyal, dedicated and perseverance no matter the obstacle.”
Mr Femi-Ola suggested that while giving evidence she had been “posh but polite, calm and intelligent”.
Defence claims couple bought petrol after baby Victoria died
Tuesday 16 April 2024 15:37 , Holly Evans
Mr Femi-Ola, for Gordon, said the fact the parents bought a bottle of petrol on 12 January to ‘cremate’ Victoria supports their case that she died on 9 January, a day after they arrived in Sussex.
“The defence has been the baby passed on the 9th – they arrived on the 8th,” he told the court.
“We say the key – the real key – is that bottle of petrol. Why would the bottle of petrol be bought on the 12 January at the time in that petrol station when the baby is not with them?
“The bottle of petrol was bought because the baby had died.”
He said it was “impossible” that a witness heard the infant crying in Seaford later that month.
Marten and Gordon ‘fled in terror’ to keep baby Victoria
Tuesday 16 April 2024 15:15 , Amy-Clare Martin
Mr Femi-Ola, defending Gordon, insisted the couple “fled in terror” after their car caught fire on the M61 on 5 January.
As an example of their heightened state of mind, he highlighted the 34 burner phones discovered left behind in the burnt-out car amid fears their messages and emails were being hacked.
“They fled. You may think they fled in haste. They fled in fear and they fled in terror,” he told the jury.
“And why do I say that? Everything is left behind…money, about £2000, all the clothing, all the possessions. All left behind. Because Constance Marten didn’t want them to take her baby away from her.”
Defence says it is a mother’s choice whether to register a pregnancy
Tuesday 16 April 2024 15:01 , Holly Evans
Mr Femi-Ola, for Gordon, told the jury it is not unlawful for a mother not to seek medical care during her pregnancy.
“A woman can choose not to register her pregnancy. She can choose not to have antenatal care. She can choose not to have post-natal care,” he told the court.
“She can choose when and where to give birth. It’s her choice. It’s not unlawful.”
Trial returns after lunch break
Tuesday 16 April 2024 14:40 , Holly Evans
The trial has returned following a brief adjournment for lunch, with more expected to be heard from Mark Gordon’s lawyer.
Defence describes Marten as a “lioness” with deep love for her children
Tuesday 16 April 2024 13:56 , Amy-Clare Martin
Now the prosecution has ended its closing speeches, it’s the turn of the defence with John Femi-Ola KC – for Gordon – going first.
He characterised Marten as a lioness whose love for her children “overflowed”.
He admitted the pair may be described as an “unlikely couple” but challenged the prosecution’s description of Marten in their opening as “callous”.
He said the mother was a “headstrong woman” who was “steadfast” under cross examination and resolute in her “deep, deep love” for her children.
“As you watched and listened to her you may think that she’s a lioness,” he said, later referring to her children as her “cubs”.
Baby Victoria died of hypothermia, prosecution claims
Tuesday 16 April 2024 13:42 , Amy-Clare Martin
Concluding his case, Mr Little invited the jury to find the parents guilty of gross negligence manslaughter.
He said the prosecution’s primary case is that Victoria died as result of hypothermia.
He insisted Marten and Gordon’s four other children had been lawfully taken into care by a family court judge, adding: “What happened on the South Downs proves that judge right on the conduct of those parents.”
He later added: “She didn’t have enough clothing to keep herself warm and baby Victoria died as a result.”
Prosecution claims Marten lied about the date of baby’s death
Tuesday 16 April 2024 13:32 , Amy-Clare Martin
Mr Little claims that Marten had lied about the date of baby Victoria’s death.
He reminded the jury of evidence from a witness who claimed she saw the couple on a coastal path near her home in Seaford, East Sussex, between 16 and 27 January.
The same witness claimed she had heard a baby crying overnight a few days earlier.
This is at odds with the couple’s version of events – in which they allege Victoria died on 9 January and they never travelled to Seaford.
“Not only has Marten lied on practically every issue in this case but she has lied about going to Seaford and about the date of death,” he told the jury
Baby Victoria was carried in a Lidl bag when she was still alive - prosecution
Tuesday 16 April 2024 12:35 , Amy-Clare Martin
Mr Little urges the jury not to “fall” for the defendant’s claims that they never carried the infant in a shopping bag.
He reminded the jury of two CCTV clips in which the prosecution claims Victoria must have been concealed in the bag.
This includes the moment the couple arrived in Newhaven on 8 January last year when they were captured carrying bags.
“We suggest that the baby is in the bag for life, covered just as it had been earlier,” he told the court.
Victoria’s decomposed remains were eventually found in the shopping bag by police in a disused shed.
Marten accused of ‘fantastical’ claims about ‘Mission Impossible style’ private investigators
Tuesday 16 April 2024 12:06 , Holly Evans
Lead prosecutor Tom Little KC says Marten’s claims that she and Gordon were being trailed by private investigators – including fears they had tampered with their car – were “fantastical”.
“The idea that in 2022 and 2023 there was some Mission Impossible style private investigators coming out of the sky from nowhere to detonate vehicles. It’s fantastical. It’s mythical. It didn’t happen,” he told the court.
“Because we know from agreed facts that there were no private investigators in 2022 or 2023.”
The court previously heard that Marten’s mother had instructed investigators for two weeks in 2016.
Meanwhile her father told police he had hired investigators to find her in 2017 and 2021.
However both deny any private investigator was instructed to find her in 2022 or in 2023 – when the couple was on the run.
Prosecution suggests Marten has an ‘upstairs downstairs’ mentality
Tuesday 16 April 2024 11:33 , Amy-Clare Martin
Resuming his closing speech, lead prosecutor Tom Little KC tells the jury that questions remain about when baby Victoria was born.
Marten insists she delivered the child unaided in a holiday cottage on Christmas Eve in 2022.
But Mr Little said the infant was not seen by a single witness until 5 January, when van driver Ken Hudson stopped to help after the couple’s car caught fire on the M61, near Bolton.
Mr Hudson told police he had briefly touched Victoria’s head after Marten escaped the burning car, saying words to the effect of “God bless, stay safe”.
Marten denied this in evidence, saying she would never let a “random workman” touch her child.
Mr Little told the jury on Tuesday that this language suggests to him an “upstairs, downstairs mentality” from Marten.
Marten is in the dock wearing a pink blouse alongside Gordon, wearing a blue shirt and tie.
Proceedings today have just started
Tuesday 16 April 2024 11:03 , Alex Ross
We’ll bring you updates as we get them from our crime correspondent Amy-Clare Martin at the Old Bailey
What we expect to happen today
Tuesday 16 April 2024 10:27 , Alex Ross
Lead prosecutor Tom Little KC will continue his closing speech for the crown, started yesterday, before lawyers representing Constance Marten and Mark Gordon will begin to provide their own closing remarks on the defence evidence provided to the jury.
Marten, 36, and Gordon, 49, both deny gross negligence manslaughter of the newborn, whom they took off-grid to stop her from being taken into care like their four other children.
What happened yesterday
Tuesday 16 April 2024 09:46 , Alex Ross
Yesterday, lead prosecutor Tom Little KC started his closing speech for the crown as he accused Constance Marten and Mark Gordon of manslaughter in the death of their baby Victoria.
He told jurors that Marten had told “big fat lies” to the court over the death of her child, who was found a rubbish-filled carrier bag after the couple spent 53 days on the run.
In his closing submissions to the jury, prosecutor Tom Little insisted Marten was an “utterly unreliable witness”.
“Lies fell from her mouth like confetti in the wind as she gave evidence,” he said.
He also said Gordon’s silence during the trial was “deafening” after Gordon opted not to give evidence in his own defence. The prosecutor claimed Gordon “didn’t dare” enter the witness box because he did not want to face cross-examination.
Marten, 36, and Gordon, 49, both deny gross negligence manslaughter of the newborn.
Read more:
Constance Marten’s tragic baby ‘caught in middle of parents’ toxic relationship’
Good morning
Tuesday 16 April 2024 09:42 , Alex Ross
We are restarting live updates on this blog with Constance Marten and Mark Gordon due back at the Old Bailey for the recommencing of the manslaughter trial at 9.30am.
Today, lead prosecutor Tom Little KC will continue his closing speech as the crown concludes its case to the jury.
We’ll be back tomorrow
Monday 15 April 2024 20:00 , Alex Ross
We are now pausing updates on this blog - rejoin us from tomorrow morning as we continue to report on the closing remarks by the crown in the case.
‘She’s told you sometimes you have to lie'
Monday 15 April 2024 19:00 , Alex Ross
Lead prosecutor Tom Little KC reminded the jury that Marten had admitted in evidence that she was willing to lie.
“Twice in evidence she suggested she was happy to lie to protect herself and her family and that’s precisely what she’s doing in this trial,” he told the court.
“She’s told you sometimes you have to lie.”
Key points from today
Monday 15 April 2024 18:02 , Alex Ross
Today, the jury heard the start of the closing remarks by lead prosecutor Tom Little KC in the trial. It will be followed by the closing remarks by the defence lawyers representing Marten and Gordon, before the judge sums up to the jury.
Marten was described as an “utterly unreliable” witness by Mr Little, who said “lies fell from her mouth like confetti” as he went through her giving evidence over six days during the trial.
Mr Little brought in a pram to the packed courtroom as he claimed it exposed an “obvious lie” from Marten, who insisted the prosecution had the wrong pram, claiming it came with “sub zero sleeping bag” and a muff.
The couple also lied about using a car seat for baby Victoria, claimed Mr Little, who added: “Why lie about the car seat unless the impression was meant to be that they were more caring parents than was the reality.”
And the jury also heard how Gordon has launched into a rant during police interview, described as “Trump-esque rhetoric” by Mr Little, who then questioned why he had chosen not to give evidence himself.
Marten and Gordon both deny gross negligence manslaughter of their newborn daughter who died after they fled to stop the baby being taken into care like their four other children.
Today’s hearing has ended
Monday 15 April 2024 16:56 , Alex Ross
The prosecution will resume their closing submissions tomorrow.
Jury told couple’s four other children were ‘lawfully’ removed from parents
Monday 15 April 2024 16:32 , Alex Ross
The prosecutor told the jury that Marten and Gordon should not have concealed her pregnancy from the authorities, adding that their four other children were “lawfully” taken into care.
“They were not driven off grid. You must approach your determinations in this case not in some wild west Constance Marten world but in the real world,” Mr Little told the court.
“The obvious thing to do was to inform the authorities that she was pregnant. To engage with the authorities to ensure that they could have care for her, accepting past mistakes.”
‘Trump-esque rhetoric’ from Gordon in police interview
Monday 15 April 2024 16:07 , Amy-Clare Martin
Lead prosecutor Tom Little KC tells the jury that Gordon had referred to having his moment in front of the jury “on at least 100 occasions” during his police interview in a rant which he described as “Trump-esque rhetoric”.
However, Gordon then decided not to give evidence during the trial.
“Why hasn’t he told you, his jury, what’s happened unless there is a problem,” Mr Little told the court.
He later added: “He must have felt it was better and safer to leave the more articulate liar on her own.”
Marten admitted she was happy to lie
Monday 15 April 2024 16:01 , Amy-Clare Martin
Lead prosecutor Tom Little KC reminded the jury that Marten had admitted in evidence that she was willing to lie.
During the six days of her giving evidence during the trial, she said she thought lying was OK on two occasions.
“Twice in evidence she suggested she was happy to lie to protect herself and her family and that’s precisely what she’s doing in this trial,” he told the court.
“She’s told you sometimes you have to lie.”
Couple 'lied' about using car seat for baby Victoria, court told
Monday 15 April 2024 15:36 , Amy-Clare Martin
Lead prosecutor Tom Little KC alleged the couple also lied about using a car seat for baby Victoria, adding the car seat is another “imaginary item” invented by the defendants.
He said there was no car seat found in the couple’s burnt-out car, which they abandoned after it caught fire on the M61 on 5 January.
“Why lie about the car seat unless the impression was meant to be that they were more caring parents than was the reality,” he told the jury.
He later added: “The reality is that Victoria must have been carried around in cars by one or other of the defendants. How is that safe?”
CCTV of the couple using a buggy
Monday 15 April 2024 15:24 , Alex Ross
Video shown to the jury earlier in the trial showed a buggy being used by the couple for their baby.
The clip below shows Marten sat at a table at a German kebab shop in East Ham, while Gordon is said to buy a buggy in Argos. When Gordon returns, Marten puts their baby, Victoria, into the buggy.
CCTV footage was then shown to the jury of the couple pushing the baby in a buggy in Whitechapel.
Prosecutor shows pram to jurors
Monday 15 April 2024 15:17 , Amy-Clare Martin
Lead prosecutor Tom Little KC has just brought a pram into the courtoom to show jurors the type that was purchased by the couple for baby Victoria, which he claims exposes an “obvious lie” told by Marten.
He invited jurors to recall Marten’s “indignation” as she insisted the prosecution had the wrong pram – adding it came with “sub zero sleeping bag” and a muff.
“We know it was the only buggy purchased,” Mr Little told the court.
“This is the buggy. It doesn’t have a sub zero sleeping bag. It doesn’t have a muff with a zip.”
He said her version was a “demonstrable lie”, adding: “This is important because the level of warmth the level of clothing the levels of protection is important in this case.”
The buggy was dumped in London shortly after they purchased it because they knew it would not fit inside the small tent they used to camp off grid in Sussex, he added.
Prosecution claims Marten told ‘big fat lies’
Monday 15 April 2024 14:13 , Amy-Clare Martin
Mr Little KC accused Marten of “grandstanding on a premier league level” in the witness box.
“Perhaps most gratuitously on her part throwing everyone outrageously under the bus apart from her and her wonderful husband,” he said.
“Everyone is evil and bad apart from her and Mr Gordon in Constance Marten land.”
He told the jury this afternoon he will address a “big fat lies” told by Marten.
“After the break I will deal with what I call a number of big fat lies told by Constance Marten. They are not white lies, they are not fibs,” he told the court.
“They are demonstrable lies that go to the core of the issues in this case.”
Mark Gordon’s silence during trial was ‘deafening’, court told
Monday 15 April 2024 13:51 , Amy Clare-Martin
The prosecutor claimed Mark Gordon “didn’t dare” give evidence because he did not want to face cross examination.
“His silence was, we say, deafening in this case,” Mr Little told the jury.
Referring to Gordon’s police interviews, which were played to the jury at the start of the trial, he said: “I lost count of the number of times that he told the police that he would leave his version of you and you alone…
“And when his time came to tell you, his jury, what had happened he said absolutely nothing. Nothing. Zip. Nada. Nothing about the death of his own daughter.”
Baby Victoria was caught in the middle of a ‘toxic relationship’, court told
Monday 15 April 2024 13:22 , Amy-Clare Martin
Mr Little KC tells a packed courtroom that baby Victoria was neglected amid her parent’s ‘toxic relationship’.
Marten, 36, is wearing a white blouse and a plum scarf in the dock alongside Gordon, 49, wearing a blue shirt and navy tie.
Mr Little continued: “This was on the evidence, we say, a self-absorbed relationship between two selfish and arrogant individuals and caught in the middle of that toxic relationship was a baby who was manifestly not cared for properly.
“She was neglected and was exposed to dangerous conditions. A freezing cold baby girl with just – we say – a single baby grow and one vest. No hat. A hat is never seen, a hat has never been found.”
Marten is an ‘utterly unreliable’ witness, prosecutor tells jury
Monday 15 April 2024 12:52 , Amy-Clare Martin
We’re in today’s hearing and just hearing the start of the closing remarks of prosecutor Tom Little KC.
He tells the jury he will reveal “the lies, inconsistencies and fabrications that lie at the heart of the shadow and sham defences” put forward during the trial.
Referring to Constance Marten’s evidence, he told the Old Bailey: “Lies fell from her mouth like confetti in the wind as she gave evidence.
“We suggest that the notion that she is a reliable, let alone honest, witness is risible.
“Her evidence comes with a monumental health warning. She was and is an utterly unreliable witness.”
Constance Marten had ‘broken ties’ with family, court told
Monday 15 April 2024 12:10 , Alex Ross
Giving evidence, Constance Marten told the court she had broken ties with her family several years earlier amid fears she and co-accused Mark Gordon were being “trailed by private investigators very heavily”.
When police searched the couple’s burnt out car in January 2023 – which they abandoned after it caught fire on the M61 near Bolton – officers found 34 burner phones which Marten told the jury she was using because she was worried her phones and emails were being “hacked”.
Last week, the jury heard how Marten’s parents told police that no private investigators were trailing their daughter when she went on the run with Gordon.
Marten, 36, and Gordon, 49, both deny gross negligence manslaughter of their newborn daughter who died after they fled to stop the baby being taken into care like their four other children.
Constance Marten feels ‘responsible’ for death of her baby, court told
Monday 15 April 2024 11:14 , Alex Ross
Earlier in the trial, Constance Marten told jurors she felt “responsible” for “falling asleep” on her newborn while living in a tent on the run with Mark Gordon.
The 36-year-old mother-of-five, who denies gross negligence manslaughter of her daughter Victoria, told the Old Bailey the baby was her “pride and joy”.
Giving evidence, she said she believes she may have fallen asleep on the youngster after they pitched a tent in Newhaven to “lay low”.
“She was our pride and joy. I had four kids. I know how to look after children. Our primary concern was Victoria,” she told the court.
“I do feel responsible for falling asleep on her if that’s what happened. I’m not sure because the autopsy was inconclusive but I do feel responsible for her.”
Constance Marten feels ‘responsible’ for death of her baby, court told
The moment police ask Constance Marten ‘where is your child'
Monday 15 April 2024 10:30 , Alex Ross
The jury in the trial have previously been shown a video of Constance Marten’s arrest in Brighton.
It shows a police officer identifying her with the use of a picture on a mobile phone, as another asks ‘where is your child’.
The baby’s remains were found in a disused shed, hidden by a plastic bag and covered in rubbish “as if she was refuse”, the prosecution told the court.
Today we are expecting the prosecution to sum up its evidence in the case before the jury retires to consider its verdict.
Marten, 36, and Mark Gordon, 49, both deny gross negligence manslaughter of their newborn daughter
Watch: Police ask Constance Marten ‘where is your child?’ during arrest
Reminder of the charges faced
Monday 15 April 2024 10:15 , Alex Ross
Constance Marten, 36, and Mark Gordon, 49, both deny gross negligence manslaughter of their newborn daughter who died after they fled to stop the baby being taken into care like their four other children.
The prosecution alleges the couple’s “reckless and utterly selfish” behaviour led to the “entirely avoidable” death of the newborn as they camped in wintry conditions.
Marten has previously told the court how she fell asleep with the infant, named Victoria, zipped inside her jacket as they camped off-grid in the South Downs last January but awoke to find her dead.
Constance Marten’s parents deny private investigators were trailing her when she went on the run
Monday 15 April 2024 09:52 , Alex Ross
Last week, jurors heard how Constance Marten’s parents told police that no private investigators were trailing their daughter when she went on the run with Mark Gordon.
The court heard that Marten’s mother employed a private investigator for two weeks in October 2016 because she was worried about her daughter.
Meanwhile her father told police he had hired investigators to find her in 2017 and 2021.
However both deny any private investigator was instructed to find her in 2022 or in 2023 – when she went on the run with Gordon and their newborn baby Victoria.
Constance Marten’s parents deny investigators were trailing her when on the run
Good morning
Monday 15 April 2024 09:08 , Alex Ross
We’re restarting updates on our blog this morning as we expectthe prosecution to begin summing up its evidence today in its case against Constance Marten and Mark Gordon.
Marten, 36, and her partner Mark Gordon, 49, have been accused of manslaughter after their daughter Victoria died while they were camping on the South Downs in sub-zero temperatures last January.
We’ll bring you the latest from the Old Bailey.
Friday 12 April 2024 15:00 , Maryam Zakir-Hussain
We are now pausing updates on this blog. Thank you for tuning in.
Parents deny private investigators were trailing Marten when she went on the run
Friday 12 April 2024 12:38 , Maryam Zakir-Hussain
In agreed facts read to the jury on Thursday, they were told Marten’s parents had made statements to the police about their use of private investigators.
The court heard that Marten’s mother employed a private investigator for two weeks in October 2016 because she was worried about her daughter.
Her father told police he had hired investigators to find her in 2017 and 2021.
However, both deny any private investigator was instructed to find her in 2022 or in 2023 – when she went on the run with Gordon and baby Victoria.
What is happening today?
Friday 12 April 2024 09:20 , Maryam Zakir-Hussain
The prosecution is expected to begin their closing speech today in the Old Bailey trial of Constance Marten and Mark Gordon.
Marten, 36, and her partner Mark Gordon, 49, have been accused of manslaughter after their daughter Victoria died while they were camping on the South Downs in sub-zero temperatures last January.
Constance Marten ‘given £48k’ from family trust fund in months up to her baby’s death
Friday 12 April 2024 06:00 , Holly Evans
A fugitive aristocrat was given almost £50,000 from her family trust fund in the months before she disappeared with her partner and newborn baby, a court has heard.
Constance Marten was given £47,886 by C. Hoare & Co between September 2022 and January 2023. A police appeal to find them was launched on January 6 last year.
Marten, 36, and Mark Gordon, 49, went on the run with their daughter Victoria after their car burst into flames near Bolton, Greater Manchester, last January.
Read the full article here:
Constance Marten ‘given £48k’ from family trust fund in months up to her baby’s death
‘Jesus survived in a barn’: Constance Marten defends living in tent with newborn
Friday 12 April 2024 04:00 , Holly Evans
An aristocrat accused of killing her baby has defended living off-grid while on the run with her newborn, telling jurors: “Jesus survived in a barn, didn’t he?”.
Constance Marten, 36, and her partner, Mark Gordon, 49, are on trial after baby Victoria died while they were camping on the South Downs in wintry conditions last year.
While being cross-examined at the Old Bailey, she argued their period living in a tent on the South Downs was being looked at from a “Western perspective”, adding that Bedouin families walk through cold deserts with children while others live in shanty towns.
Read the full article here:
‘Jesus survived in a barn’: Aristocrat accused of killing baby defends living in tent
Fugitive aristocrat Constance Marten was a good mother and did nothing wrong, partner told police
Friday 12 April 2024 02:00 , Holly Evans
The partner of aristocrat Constance Marten told police she was a “good mother” and had “done nothing wrong” when questioned about the death of their newborn baby.
Mark Gordon, 49, initially refused to answer questions when he and 36-year-old Ms Marten were arrested in Brighton some seven weeks after going on the run with their daughter Victoria.
In a police interview last March, he started by saying he would give his testimony to a jury.
Read the full article here:
Fugitive aristocrat was a good mother and did nothing wrong, partner told police
ICYMI: Constance Marten says baby Victoria died because she was exhausted on the run
Friday 12 April 2024 00:00 , Holly Evans
During her evidence in March, Constance Marten denied neglecting her baby – insisting the infant died because Marten didn’t look after herself while on the run in the days after she gave birth.
The aristocrat also told jurors she and her partner Mark Gordon did not hand themselves in to the authorities because she does not trust the police or social services after their other four children were taken into care.
Read the full story from our crime correspondent here:
‘I neglected myself’: Constance Marten says baby died because she was exhausted
Aristocrat accused of killing newborn says babies ‘don’t require that much to survive’
Thursday 11 April 2024 22:00 , Holly Evans
An aristocrat accused of killing her newborn baby has defended the conditions her daughter was left in while she and her partner were on the run, telling jurors: “Babies don’t require that much to survive.”
Constance Marten, 36, and her partner, Mark Gordon, 49, are accused of gross negligence manslaughter after their daughter Victoria died while they were camping on the South Downs in wintry conditions last year.
During her fifth day of testifying at the Old Bailey, the 36-year-old told jurors on Thursday: “People have survived without houses and hospitals for millennia. Babies don’t require that much to survive – they just need food, warmth and care.”
Read the full article here
Constance Marten tells manslaughter trial babies ’don’t require that much to survive’
‘Exceedingly unlikely’ baby Victoria died from cold, Constance Marten trial told
Thursday 11 April 2024 20:00 , Holly Evans
An expert has told jurors it was “exceedingly unlikely” fugitive mother Constance Marten’s newborn baby died from the cold.
Marten, 36, and her partner Mark Gordon, 49, were living off grid in a tent on the South Downs when their daughter Victoria died, the Old Bailey has heard.
In her evidence, Marten has said the child died when she fell asleep while holding her under her jacket in the tent last January 9.
Read the full article here:
‘Exceedingly unlikely’ baby Victoria died from cold, Constance Marten trial told
Watch: Police ask Constance Marten ‘where is your child?’ during arrest
Thursday 11 April 2024 18:00 , Holly Evans
Watch: Police ask Constance Marten ‘where is your child?’ during arrest
Parents deny private investigators were trailing Marten when she went on the run
Thursday 11 April 2024 17:30 , Amy-Clare Martin
In agreed facts read to the jury on Thursday, they were told Marten’s parents had made statements to the police about their use of private investigators.
The court heard that Marten’s mother employed a private investigator for two weeks in October 2016 because she was worried about her daughter.
Her father told police he had hired investigators to find her in 2017 and 2021.
However both deny any private investigator was instructed to find her in 2022 or in 2023 – when she went on the run with Gordon and baby Victoria.
Expert says co-sleeping not ‘inherently dangerous’
Thursday 11 April 2024 17:00 , Amy-Clare Martin
Professor Fleming insisted co-sleeping was not “inherently dangerous”, adding: “It’s normal in our species.”
It comes after Marten previously told the court she fell asleep with baby Victoria on her chest zipped inside her jacket – before she awoke to find her dead.
Challenged about the conditions inside Marten and Gordon’s tent, he admitted they were “not optimal”.
“Are you saying that a baby being on their chest under a coat on a mother who is lying on the ground next to a tent surface on one side, somebody else on another side and a number of sleeping bags and pillows – are you saying that’s safe sleeping are you?” Mr Little said.
He replied: “No I am not. I am saying it’s not optimal.”
‘Not safe’ to carry baby in a Lidl carrier bag
Thursday 11 April 2024 16:42 , Amy-Clare Martin
Professor Fleming agreed it would not be safe for a baby to be carried in a Lidl carrier bag in cold conditions.
Mr Little asked the expert: “On the basis that a baby of a few weeks old in a Lidl shopping bag for life…with limited clothing on in cold conditions - would you say that that was a safe thing to do?”
Professor Fleming responded: “No it’s not safe. Of course it’s not.”
Expert challenged on study into babies in tents
Thursday 11 April 2024 15:52 , Holly Evans
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.
Defence expert admits never carrying out a post-mortem examination on an infant
Thursday 11 April 2024 15:08 , Amy-Clare Martin
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 paediatrician 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.”
Constance Marten and Mark Gordon return to the dock
Thursday 11 April 2024 14:37 , Amy-Clare Martin
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.
Trial due to resume at 2pm
Thursday 11 April 2024 14:04 , Holly Evans
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.
Key points from Constance Marten’s evidence
Thursday 11 April 2024 12:44 , Holly Evans
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.
When is the trial likely to conclude?
Thursday 11 April 2024 11:41 , Holly Evans
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.
What did the court hear last time?
Thursday 11 April 2024 10:55 , Holly Evans
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.”
Welcome to our live coverage
Thursday 11 April 2024 10:22 , Holly Evans
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.
