Constance Marten and boyfriend 'refused to tell police where missing baby was'

14 February 2024 , 15:06

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A screen grab from a body camera video taken at the time of the couple's arrest (Image: PA)

Aristocrat Constance Marten and boyfriend Mark Gordon refused to tell police anything about the whereabouts of their missing child in the hours before she was found dead inside a shopping bag, a court heard.

Marten, 36, and Gordon, 49, are accused of killing their newborn baby Victoria by taking her on the run in January last year to prevent her being taken away by social services. The baby's placenta was found in an exploded car on a Manchester motorway, sparking a huge police hunt as the couple traversed the country.

The couple then spent nearly two months camping in a tent on the bitterly cold South Downs near Brighton before, it is alleged, the baby, wearing only a onesie, allegedly froze to death. Victoria was later found dead in a Lidl bag where prosecutors say she spent most of her life.

Marten, from a wealthy aristocratic family whose father was a page to Queen Elizabeth II and Gordon met in 2016 and had four children in quick succession. They were all taken into care after Marten gave birth to her first child using a fake Irish accent pretending to be a traveller, jurors have heard. The pair deny the manslaughter of Victoria by gross negligence, concealment of the birth of a child, cruelty to a person under 16 and perverting the course of justice by disposing of the body.

Marten and Gordon in mugshot photos (PA)

Jurors today heard transcripts of police interviews with the couple on 28 February and 1 March 2023, while the search for their baby was under way, in which they tried to get information about the infant. Gordon was interviewed at Worthing police station on 28 February 2023 just before 6am but the interrogation 'did not bear fruit.'

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Early the following morning, on 1 March 2023 at 12.27am, Gordon, who had been kept in Worthing police station, was interviewed again and attended the interview in a wheelchair. As the officer was explaining the purpose of the interview Gordon climbed out of the chair and lay on the floor. The officer told him to get back into the chair but he refused, saying he was in pain and, and asked to be given something for it.

Marten, Gordon and baby Victoria in a German doner kebab shop in East Ham (PA)

He said: "I am in pain. I can't focus on what you are taking about. I have changed positions because of the pain. Maybe a nurse can give me something." The officer replied that he had already seen the nurse and she had decided nothing was wrong with him. He added that he was happy to interview him while he was on the floor if that was more comfortable for him.

However the court heard that just 12 minutes into the interview, and before the officer could put any further questions to him, Gordon said he had to go to the toilet, and the interview was terminated They resumed at 12.52am, but Gordon remained uncooperative, claiming he was in 'distress' and had the right to medical treatment. He said: "You are a man, we are all men here. I'm in custody but that doesn't mean I'm a dog. I want pills but you say 'I'm not prepared to stop'. You don't know what it's like. I thought I had rights. I obviously don't have any rights here. I have the right to see a doctor. That's not going to get my co-operation, talking to me like I'm nothing."

Gordon added that his hands and feet were swollen and painful, and continued: "All I say is I want some pills but you seem to think I'm in a situation like I'm playing games with you. I'm in distress. I'm in here with you, trying to co-operate."

Marten being arrested as police ask her where her child is (Met Police)

The officer again repeated that he wanted to ask about the baby and Gordon said: "I understand that but I'm a person. I feel."
DC Shales asked him directly: "What's the baby's name?". Gordon turned to his solicitor, who was in the interview with him, and asked her to answer for him, but she said she was there to advise rather than answer questions for him. He eventually told police: "Didn't she already say? I thought my solicitor said. It puts me on the record." The solicitor said: "It's my client's intention to answer 'no comment' through the course of this interview." At this point the interview ended.

The court was told Marten, who was being held in Brighton Custody Suite, was approached by officers in her cell at 1.50am on 28 March 2023. They asked her whether she was prepared to speak to them without a solicitor.

She replied: "I haven't eaten or slept for a long time. I need to get some sleep before I can make a proper decision." Officers returned at 3.48am with a solicitor, and asked her about where she had been staying, where she was going when they arrested her, and whether her child was still alive. They also said: "We are going to give you a final opportunity for the sake of your child, please tell us more." However she answered "no comment" to all questions. She was interviewed again later that day, at 10.08pm, and was asked repeatedly about her child. At one point the officer asked: "If you are not willing to tell us where the child is, please, if we show you a map, draw a circle and say it's in that location." Again Marten answered "no comment" to all questions.

Constance Marten allegedly buying supplies at Texaco in Newhaven in January (Met Police)

Marten, who appeared in court wearing a pink top, was previously represented by John Ryder, KC, who had only attended the trial for one day in person, but was today represented by a new barrister Francis FitzGibbon, KC Her junior barrister Tom Godfrey, who has been attending the trial, remains on the case. Gordon was dressed in a pale blue shirt and dark blue tie.

Marten's mother Virginie de Selliers also attended court dressed in a green jacket. The wealthy family lived at Dorset estate Crichel House during her youth and her grandmother was a playmate of Princess Margaret and goddaughter to the Queen Mother. Marten and Gordon deny manslaughter by gross negligence, concealment of the birth of a child, cruelty to a person under 16 and perverting the course of justice. They also deny causing or allowing the death of a child. The trial is set to last six weeks.

Ryan Fahey