Constance Marten and boyfriend 'should not have lived in tent with newborn baby'

06 March 2024 , 17:42

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The jury were shown harrowing images of destroyed baby clothes found near couple's burnt-out car (Image: Police Handout)

Constance Marten and her boyfriend should not have taken their newborn child to live in a tent in winter in the days before the child died, a trial at the Old Bailey has been told.

Wealthy aristocrat Marten, 36, and partner Mark Gordon, 49, are accused over the death of their baby Victoria while living off-grid in a tent on the South Downs in harsh winter conditions. The pair both deny manslaughter by gross negligence, perverting the course of justice, concealing the birth of a child, child cruelty and causing or allowing the death of a child.

A nationwide search was launched over concerns for the child after a placenta was found in the couple’s burnt-out car by the motorway near Bolton, Greater Manchester, last January 5. Following their arrest last February 27, Victoria’s badly decomposed body was found in a Lidl bag inside an allotment shed in Brighton. East Sussex.

Wealthy aristocrat Constance Marten, 36, is standing trial along with her partner at the Old Bailey (GMP)

Mark Gordon, 49, and Marten deny all charges (GMP)

While the cause of her death is “unascertained”, jurors have heard the baby could have died from the cold or co-sleeping. On Wednesday, defence witness Dr Ehsan Rafiq said pregnant women were not legally obliged to receive antenatal care and some people, such as members of the travelling community, did not routinely access it. He spoke of a general trend towards less authoritative parenting styles, such as natural and home births, since the Covid pandemic.

Defence barrister Neena Crinnion, for Gordon, asked: “What impact did Covid-19 have in terms of free births and home births?” Dr Rafiq said: “I think that has accelerated that process of natural births, maybe because it was the fear of Covid infection.”

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He said it would be “entirely up to the mother” whether or not to have medical intervention on giving birth if there were no concerns for her health. He also outlined the concept of “attachment parenting” which could involve carrying the baby in a sling and co-sleeping.

Constance Marten and Mark Gordon being dropped off by a taxi on Whitechapel Road (Metropolitan Police / SWNS.COM)

Francis FitzGibbon KC, for Marten, quizzed the witness about the practice of “hypnobirthing”. Dr Rafiq said it was not available on the NHS but agreed the practice was about creating a relaxed environment through a variety of techniques including hypnosis. Prosecutor Joel Smith queried the advisability of not having antenatal scans, saying: “There are very many significant problems that are relevant both to the child’s health and the mother’s health that can be picked up on a scan in antenatal care. While it remains the mother’s decision, your advice is to take advantage of antenatal care?”

The witness replied: “That’s correct.” Mr Smith continued: “Your advice would be not to live in a tent in winter with a newborn child because that poses obvious danger to the life of a child?” Dr Rafiq agreed. Expert on sudden deaths in children, Dr Srinivas Annavarapu told the court that Victoria was probably born before January 3 last year

It is alleged the defendants went on the run two days later because they wanted to to keep their daughter, after four other children were taken into care. Following her arrest, Marten told police Victoria died when she fell asleep in the tent while holding her under her jacket.

The court has heard that Marten had previously been warned by social workers of the risks of falling asleep with the baby on her and that a tent would be “wholly inappropriate for a baby to live in”. The defendants, of no fixed address, deny all charges. The trial at the Old Bailey continues.

Benedict Tetzlaff-Deas