Constance Marten victim of ‘relentless and dogged' smears, court told

Western Telegraph

a day ago

Marten, 38, and convicted rapist Mark Gordon, 51, are on trial at the Old Bailey accused of the manslaughter of their newborn baby Victoria, who died in a tent on the South Downs.
In a closing speech on Wednesday, Marten's barrister, Tom Godfrey, said: 'The persistent attempts to tarnish the defendants' names have been relentless and dogged. It really boils down to what happened in that tent.'
He rejected the prosecution case that Victoria died from hypothermia or was smothered, saying it was a 'tragic accident' and no-one can be sure how she died.
Marten gave birth to Victoria in 'secret' after four other children were taken into care, the Old Bailey was told.
At the time, the defendants mistakenly believed they were 'being watched', as Marten's parents had deployed private investigators in a 'menacingly' named Operation Lynx in 2021, Mr Godfrey said.
It was against this background that the couple opted to go off grid and live in a tent, after their car burst into flames near Bolton, Greater Manchester, jurors heard.
CCTV footage of Constance Marten holding baby Victoria under her coat in East Ham, east London, which was shown in court during their trial (Metropolitan Police/PA)
Mr Godfrey told jurors: 'Why do they flee and hide as they did? The prosecution seem to be saying it was because they cared not a jot for Victoria and they focused on their selfish needs? Can that be right?
'You may think their greatest fear was they would lose her. Constance Marten feared the baby would be taken from her so they fled.
'Did they behave sensibly and rationally? They could have sought assistance from police, explained their predicament.
'We can all criticise decisions, and there are many decisions by Constance Marten that are open to criticism.
'This case is not about what could have been done differently.'
Mr Godfrey said the police appeal to find the baby made 'instant headline news around the country' and the 'country became obsessed'.
He told jurors: 'It was from this moment on, Constance Marten and Mark Gordon determined the only way to keep Victoria to themselves was to avoid detection.
'Irrespective of the rights and wrongs, the net effect was to drive Constance Marten and Mark Gordon further underground.'
Screen grab taken from body worn camera footage of the moment Constance Marten was arrested in the street (Metropolitan Police/PA)
After Victoria's death, they were reduced to a 'state of near derangement', and a 'feeling of hopelessness and guilt', Mr Godfrey said.
He rejected any suggestion the defendants had made a 'nefarious pact' not to answer questions, having each cut short their evidence before they could be cross-examined.
Mr Godfrey suggested Gordon's decision was sparked by the jurors being told about his 1989 rape conviction in the United States, and two assaults on police officers at a maternity unit in 2017, where Marten gave birth to their first child.
He said: 'Why did you hear about those matters? Because Mark Gordon sought to mislead you about his character by telling you he had empathy and respect for the law.
'We say these convictions, and ones from Wales from 2017, are of no assistance whatsoever in determining how baby Victoria died.
'We ask you to ignore them, as with a lot of smoke and mirrors put up, and focus on the issue in this case. How did baby Victoria die? That is what this case is about.
'If there was a wall of silence being maintained they would say nothing at all. Nothing in interview and nothing in evidence. That is not the position here.'
Marten and Gordon, of no fixed address, have denied the gross negligence manslaughter of their daughter and causing or allowing her death between January 4 and February 27 2023.
Jurors have been told the defendants were convicted at an earlier trial of concealing the birth of a child and perverting the course of justice.
The trial continues.