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.
Marten criticises ‘Western perspective’ when facing questions about use of tent
Marten has repeated her claim that the court is looking from a “Western perspective” at the couple’s decision to use a tent.
“You thought this was okay?” Mr Smith repeatedly asked. “I wouldn’t have done it if I didn’t think it was okay,” Marten responded.
“I just think you’re looking at this from a Western perspective, people live in shanti towns and people have lived across the world in tents.”
This echoed her comments during last week’s cross-examination, when she referred to refugees living in Calais and people living in igloos.
“We weren’t intending to live in a tent, we were intending to lay low for a while,” she said.
Couple were ‘ridiculously ill-prepared’ to care for newborn baby
Accusing the couple of treating their newborn in a “cavalier fashion”, Mr Smith showed the jury a video of them holding Victoria in a kebab shop in East Ham which appeared to show her head unsupported.
In response, she repeatedly stressed: “You’re trying to make something of nothing, she’s fine, there’s nothing wrong with her.”
Mr Smith replied: “Is that the issue in this case, you never understand what’s wrong?”
Becoming frustrated, Marten responded that her older children had been taken from her and that social services had said that they were “happy, well-fed, well-looked after, content children”.
Marten refutes claim she ‘dumped’ her baby in a rubbish bag
Taking issue with Mr Smith’s phrase that her baby Victoria was “dumped” in a Lidl rubbish bag, she said: “Don’t use that word, I would say the word placed not dumped”.
She told jurors: “It’s awful, I know. The only thing I can say, if someone passes away the immediate reaction is panic.
“I don’t think you can comprehend something unless you’re going through it,” she told jurors. “Mark and I weren’t in a good place, we were completely gripped with fear and grief.”
When countered that a sandwich wrapper and a beer can had also been found in the bag, she responded: “The can was quite a while afterwards.”
Mother grilled on baby clothes and use of sling
Beginning his questioning, Mr Smith has repeatedly asked Marten about her use of a homemade sling, and whether it was appropriate to hide a newborn child under a jacket.
“I’ve always done that will all my kids,” Marten replied.
Recalling the items she and Gordon were carrying with them to keep Victoria warm, she recalls that they had a blue onesie, two baby grows, the clothes she was wearing and some undergarments. They also carried a quilt, a red blanket and a pink sheet.
Aristocrat returns to the witness box
Ahead of the jury entering, Constance Marten has returned to the witness box for her fourth day of cross-examination.
She has appeared in court wearing a floral blouse, and is expected to face further questioning from prosecutor Joel Smith.
Marten to return for fourth day of evidence
Constance Marten is due to return to the dock shortly.
Wednesday is the fourth day the aristocrat has been giving evidence in her trial at the Old Bailey.
Stay with us for the latest updates.
Trial concludes for the day
The trial has adjourned for the day, with Constance Marten’s cross-examination due to resume on Wednesday morning at 10.30am.
Marten accuses press attention of altering witness recollections
Becoming frustrated, Marten told the court that press attention to the case is “seriously affecting witnesses”, after she disagreed with a particular witness statement.
She added: “I think people are exaggerating and making things up. It can affect cases.
“I think people think that we are really bad people. Having such media attention can affect people’s witness statements.”
On-the-run mother becomes emotional: ‘I would rather my child be alive'
When challenged by the prosecutor, Constance Marten broke down in tears in the witness stand when discussing whether she would have allowed social services near her child.
After replying “absolutely not” and taking aim at certain foster parents for failing the children in their care, she was pressed whether she would have refused authorities to be involved “whatever the consequences”.
She replied: “If I had foreseen what was going to happen then I would rather my child be alive.”
Pressed again, she became tearful and said: “Not whatever the consequences, if I had foreseen what happened with Victoria, of course I’d preferred her to have gone into care and have her life but I wasn’t prepared to have that gamble.”
Marten insists she and Gordon possessed a car seat
During a heated exchange with Mr Smith, Constance Marten insisted that she and Mark Gordon had used a baby seat in their car.
She said that the two had been “overly cautious” in moving around the country, and had ensured that the baby seat was not visible to ensure that the authorities were not alerted to Victoria’s presence.
She said: “Anything related to the baby we would hide.”
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