Constance Marten trial - latest: Judge summing up evidence as court case over baby death enters final stages
Marten and Gordon are accused of gross negligence manslaghter of the newborn
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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.
We’ll be back tomorrow
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'
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
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
The prosecution will resume their closing submissions tomorrow.
Jury told couple’s four other children were ‘lawfully’ removed from parents
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
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
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
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
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
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.