04 March 2024 , 14:39
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A man accused of killing his newborn daughter along with his aristocrat girlfriend has today declined to give evidence at his own trial.
Mark Gordon is charged with the manslaughter of his baby Victoria after taking her to live in a tent with his partner and the girl's mother Constance Marten. 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 jury had been told on Friday, that they would be hearing from Gordon himself today as the first defence witness, but he appeared to change his mind and today declined to go on the stand. Jurors were told that because of Gordon's change of mind about giving evidence the case will be adjourned until Wednesday, as expert witnesses were not available.
Gordon's barrister John Femi-Ola, KC, said: "My Lord I do not call the defendant." Judge Mark Lucraft, KC, the Recorder of London, said: "Have you advised your client the stage has now been reached where he may give evidence and if he refuses to do so the jury may take such inferences as appear proper from his failure to do so?" "I have my Lord," Mr Femi-Ola replied.
Marten and Gordon had four children taken into care (Facebook)Judge Lucraft told the court: "Enquiries have been made and the two experts you intended to call on behalf of your client in fact can't be here until Wednesday. The position is on Friday in the jury's presence it was clear Mr Gordon was going to give evidence as he's entitled to - and he has had a change of mind.
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"As a consequence those two witnesses were scheduled for Wednesday, they're both medical experts and as such cannot move their schedule and can't be here until Wednesday." The jury will return on Wednesday to hear from Gordon's two expert witnesses.
Jurors earlier heard that in an interview with police on March 2, 2023, Gordon refused to answer questions. He told police he believed Marten was suffering from 'post-traumatic distress' and that she was telling the truth when she said the baby died in her arms after a few nights in the tent. In court today Gordon stared at a sheet of paper as his barrister told the court he would not give evidence.
He had entered the dock today wearing a blue shirt carrying a large blue sack filled with papers.
They were living off grid with Victoria (PA)The trial previously heard that baby Victoria's placenta was found in an exploded car on a Manchester motorway sparking a huge police hunt as the couple spent nearly two months camping in a blue tent in the South Downs near Brighton. Victoria was later found dead in a Lidl bag for life.
The prosecutors claim she died from exposure after weeks in bitterly cold conditions. Marten said the baby died asleep in her arms after a few nights of camping telling police: "I believe I feel asleep on top of her." The couple met in 2016 and had four other children together in quick succession, who were all eventually taken into care, jurors have heard.
They 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 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 continues.