Constance Marten trial – latest: Aristocrat accused of killing newborn calls baby’s death a ‘horrible accident’
Marten and partner Mark Gordon deny gross negligence manslaughter of their daughter Victoria
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Aristocrat Constance Marten has called the death of her newborn baby a “horrible accident” that “could’ve happened to anyone”.
Marten, 36, and her partner Mark Gordon, 49, are on trial after their daughter Victoria died while they were camping on the South Downs in wintry conditions last year.
Following their arrests last February, the infant’s badly decomposed body was found in an allotment shed inside a Lidl supermarket bag that also contained soil and rubbish.
On Thursday, her fifth day of giving evidence in her trial, the mother was also cross-examined at the Old Bailey about the couple’s decision to buy a tent and live off grid to hide from authorities, telling jurors: “Babies don’t require that much to survive.”
The couple deny charges of gross negligence manslaughter of Victoria between 4 January and 27 February last year, charges of perverting the course of justice by concealing the body, along with concealing the birth of a child, child cruelty, and allowing the death of a child.
The trial resumes on Friday when the cross-examination of Marten is set to continue.
Trial has adjourned for the day
The trial of Constance Marten and Mark Gordon has adjourned for the day and will resume tomorrow at 10.30am where the cross-examination will continue.
Tearful Marten admits feeling ‘responsible’ for baby’s death
Further questioned about the appropriate use of a tent for a newborn, Marten became emotional when she recalled the “awful” memory of her daughter’s death.
“I do feel responsible for her death absolutely but I do not think it had anything to do with being in a tent, it could have happened in a hotel when I fell asleep ,” she said.
“I don’t think being in the tent was the wrong thing to do, I think me being exhausted and sitting up at that time was very unfortunate yes.”
When questioned “Are you responsible for her death?”, she tearfully responded: “I think to a degree of course, I feel responsible as her mum for her death but at the same time I have to love and forgive myself because it was a really awful set of circumstances but I didn’t mean to fall asleep.”
She continued: “I live with that sadness because she died in my arms.”
‘I’m not into conspiracy theories,’ Marten says
Speaking of her plans to move to Europe with her family, Marten said she was aware of an “underground network” helping parents move away from social services.
When questioned by the prosecutor if she bought into conspiracy theories, she responded: “I’ve had a great education, I’m not into conspiracy theories.”
Marten denies accusation baby Victoria was placed in a bag
Marten repeatedly dismissed as “ridiculous” the prosecution suggestion that she had carried her daughter in a Lidl “bag for life” when she was alive.
She said: “This whole line of reasoning is absurd, that she is alive in the bag.
“If i’d done that she would have been screaming, people would have noticed.
“I’m not going to put her alive in a Lidl bag, I’m sorry it is absurd.”
Baby Victoria’s body was found in a Lidl bag in an allotment shed several weeks later after the couple were arrested near Brighton.
‘We were in a tent because we cared for her so much,’ mother says
Pushed again on why they as a couple had made the decision to live in a tent after arriving in East Ham, Marten responded: “We were in a tent because we cared for her so much, we weren’t in a tent because me and Mark had a penchant for tents.”
“She’s the reason we’re doing what we’re doing,” she added.
The court heard that at the time, Marten had £17k in her Metro account and a “couple of thousand” in her Halifax bank account.
Questioned why they had purchased a tent from Argos, she said: “It was the easiest place, it’s not easy to get a tent in the middle of January.”
Trial has resumed
Judge Mark Lucraft KC has returned to Court 5 of the Old Bailey, and the trial of Constance Marten and Mark Gordon has resumed.
Court breaks for lunch
The trial has adjourned for a lunch and will return at 2pm.
Cross-examination is expected to continue as Marten faces questioning about the couple’s decision to live in a tent last January with their newborn.
‘Jesus survived in a barn,’ Marten counters to scrutiny over tent use
Questioned further on their use of tent during sub-zero temperatures with a newborn, Marten responded that Bedouin families walk through cold deserts with children, adding: “Jesus survived in a barn.
She repeated that their intention had not been to live permanently or for a prolonged period in a tent but had decided to do so after a manhunt was launched by police.
Following media appeals for their whereabouts, she said: “We weren’t just running from private investigators hired by my family or the police or social services, we were pretty much running from the entire public.”
She also recalled that she and her husband had previously lived in a tent before the birth of their eldest child, and stressed: “My number one priority was to keep my baby.”
“I’ve grown up with a lot of luxury”, Marten says
Answering questions about the couple’s decision to purchase a tent and live off-grid, Marten refused to be drawn on whether it was a “big” choice, stressing that she did so to ensure her child was not taken by social services.
“I don’t particularly want to be in a tent, I’ve grown up with a lot of luxury,” she said. “I like the feathered duvets and comfort but I will do whatever is necessary. I will do anything for my baby, anything.”
When pressed about the suitability of a tent for a newborn, she said: “Of course it’s not comfortable, I’d rather be in a plush bed in a palace.”
However, she stressed that the decision to live in a tent was only meant to be for a “pitstop” until they found somewhere to live in the countryside.
“It’s a situation you can’t really prepare for, you act on instinct,” she said. “A mother’s love for her child is very strong and no way was I going to part with my child.”
Trial resumes after a brief break
The trial has resumed after Marten and the jurors received a short break ahead of further questioning from Mr Smith.
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