Constance Marten and Mark Gordon guilty of gross negligence manslaughter over baby's death

BBC News

4 days ago

Update:
Date: 14:48 BST
Title: 'Reckless actions driven by selfish desire to keep baby no matter the cost'
Content: We can now bring you a statement from Samantha Yelland, London's senior crown prosecutor at the Crown Prosecution Service.
"It is shocking that parents could subject their newborn baby to such obvious risks and today a jury has convicted Constance Marten and Mark Gordon for their crimes – after the prosecution brought fresh evidence to prove their guilt," she says.
Yelland adds that their "reckless actions were driven by a selfish desire to keep their baby no matter the cost – resulting in her tragic death".
These defendants did everything they could to evade the authorities – from avoiding the use of their bank cards to the point that they were starving, ditching their phones to avoid being traced and travelling hundreds of miles daily from place to place to dodge the police."
Update:
Date: 14:45 BST
Title: Marten and Gordon 'have shown little remorse'
Content: The head of the Crown Prosecution Service has issued a statement accusing Marten and Gordon of seeking to disrupt their own trial.
Chief prosecutor Jaswant Narwal said they "have shown little remorse for their actions, using different antics to frustrate and delay court proceedings".
She continues: "These were challenging trials. No child should have had its life cut short in this preventable way.
"I hope these convictions provide a sense of justice and comfort to all those affected by this tragic case."
Update:
Date: 14:40 BST
Title: What did jurors learn about Marten during the retrial?
Content: Helena WilkinsonReporting from court
The jury heard that Constance Marten comes from a wealthy
family.
But she said she "never really had a strong connection
with them".
Asked if she would describe her background as privileged,
Marten said "financially yes, emotionally not at all".
She was privately educated and went to boarding school at
the age of around 8.
At Leeds University she said she did a degree in Arabic and
Middle Eastern history.
She told jurors that "ironically" one of things
she wanted to do was journalism. She worked at Al Jazeera for a time.
She also worked in coffee shops and as a nanny in
Switzerland.
She said since she was little she had always wanted to have
big family and would have loved to live on farm.
"At least seven children would be my dream."
Update:
Date: 14:34 BST
Title: Guilty of gross negligence manslaughter - what does this mean?
Content: Helena WilkinsonReporting from court
For the jury to have found the pair guilty of gross negligence manslaughter, it means that the couple's behaviour was so exceptionally bad and fell below the standard of reasonably competent parents of a new born baby.
Before jurors began deliberations they were told by the judge that to find them guilty of gross negligence manslaughter is a "very high bar which the prosecution must cross".
Prosecutors said that Marten and Gordon exposed Victoria to the cold, damp and windy conditions with wholly inadequate clothing.
And that a child who became hypothermic in such circumstances must have done so through a breach of the duty of care.
Or that Victoria died by smothering or suffocation, a reason for that was the cold and damp conditions in a small, thin tent or being zipped up in Marten's jacket.
Update:
Date: 14:30 BST
Title: Marten speaks from the dock
Content: Helena WilkinsonReporting from court
Constance Marten has just said "it's a scam" from the dock.
Update:
Date: 14:29 BST
Title: Child cruelty conviction from first trial now reportable
Content: Helena WilkinsonReporting from court
We can now report that Marten and Gordon were convicted of child cruelty at their first trial in 2024.
Until now there had been an order preventing the media from reporting that verdict.
The jury in the first trial found that the couple had wilfully neglected baby Victoria in a manner likely to cause her unnecessary suffering or injury to health.
The prosecution's case on that was that Marten and Gordon had made a conscious decision not to protect Victoria or keep her safe and it was clear their actions were deliberate.
Update:
Date: 14:26 BST
Title: An extraordinary case
Content: Helena WilkinsonReporting from court
Marten and Gordon's case was highly unusual.
From the couple's disruptive and unpredictable behaviour, to Marten's accusations in the witness box about her aristocratic family, private detectives, and social services.
The judge accused them of trying to "sabotage" and "derail" their retrial.
"I have sat as a full time Judge now for thirteen years and I have never had that sort of attitude shown to me by anybody," His Honour Judge Mark Lucraft KC said about Marten one day.
The couple dominated and deflected, demanded and distracted.
They caused endless delays by not turning up.
Barristers were sacked. Others withdrew.
Marten got through an extraordinary number - 14 since their first hearing at the Old Bailey.
They disrespected the judge, were rude to some of the dock officers and would often chat during proceedings.
But there were poignant moments during their case too.
CCTV footage played on screens around the courtroom of baby Victoria - tiny and delicate in a teddy bear onesie – being placed in a pram by her parents, was a reminder of why we were all there.
Update:
Date: 14:23 BST
Title: Judge to schedule sentencing for future date
Content: Helena WilkinsonReporting from court
Judge tells jury he won't set a date for sentence today, but will do at a future date.
He tells the jury they are welcome to come back for that if they wish.
As the jury leaves the courtroom, Marten looks ahead, showing no reaction.
Update:
Date: 14:22 BST
Title: Marten and Gordon react as guilty verdicts read
Content: Levi JouavelReporting from court
Constance Marten sighs and shakes her head whilst verdicts are read out.
Mark Gordon had little reaction but is sitting with his eyes closed and his head resting back against the wall.
Update:
Date: 14:19 BST
Title: Marten and Gordon both guilty
Content: Helena WilkinsonReporting from court
Mark Gordon and Constance Marten are both guilty of gross negligence manslaughter.
Update:
Date: 14:19 BST
Title: Marten and Gordon asked to stand
Content: Helena WilkinsonReporting from court
The defendants are asked to stand.
Constance Marten remains seated, as does Gordon.
Update:
Date: 14:18 BST
Title: Jury entering the courtroom
Content: Helena WilkinsonReporting from court
The jury are being brought into the court now. Stay with us for updates.
Update:
Date: 14:15 BST
Title: Marten and Gordon in dock
Content: Helena WilkinsonReporting from court
The judge has entered court.
Constance Marten and Mark Gordon are in the dock.
Update:
Date: 14:15 BST
Title: What are Marten and Gordon accused of?
Content: Helena WilkinsonReporting from the Old Bailey
While we wait for the verdicts, a reminder that Constance Marten and Mark Gordon face two counts which they both deny.
They relate to their newborn baby, Victoria, and are:
Update:
Date: 14:15 BST
Title: What this case is about
Content: Constance Marten, 38, and Mark Gordon, 51, both deny manslaughter by gross negligence over the death of their child, Victoria.
Victoria's decomposed body was found in a shopping bag in a Brighton allotment shed in March 2023, two months after they went on the run. She had died in a tent in the South Downs in January 2023.
They also deny causing or allowing the death of a child.
At a previous trial, Marten and Gordon were found guilty of concealing Victoria's birth and perverting the course of justice by not reporting her death.
But the jury could not come to a verdict on the outstanding charges and this retrial began in March.
Update:
Date: 14:12 BST
Title: Verdict expected in retrial over death of newborn baby
Content: The jury in the case of Constance Marten and Mark Gordon are returning to the courtroom at the Old Bailey, as we await a verdict.
The two defendants are accused of manslaughter by gross negligence, and causing or allowing the death of a child. They deny both charges.
The couple's baby girl was found dead in a shopping bag covered in rubbish, in a shed on a Brighton allotment in 2023.
Our correspondents are in court and we'll bring you the latest as it happens.