A wealthy aristocrat and her partner have gone on trial at the Old Bailey, accused of causing the 'entirely avoidable' death of their newborn daughter through gross negligence while on the run from authorities. Constance Marten, 37, and Mark Gordon, 50, deny manslaughter by gross negligence and a charge of causing or allowing the death of a child between 4 January and 27 February 2023.
Prosecutor Tom Little KC told the jury that the couple kept the birth secret after their four older children were taken into care. He said they 'put their relationship and their views of life before the life of that little baby girl.' The court heard that after their car burst into flames on a motorway in Greater Manchester on 5 January 2023, the pair travelled hundreds of miles across England, eventually going 'off grid' and living in a tent on the South Downs with hardly any clothes, food, or means of staying warm.
Little argued that the risk of hypothermia was 'blindingly obvious,' and that the defendants' conduct created suffocation risks in the flimsy tent. He stated that the baby's death was caused by hypothermia or smothering while co-sleeping. After the baby died, the couple did not surrender but instead carried the body in a shopping bag, later leaving it in a disused shed.
The court was told that Marten comes from a wealthy family with a trust fund and had access to ample money, but made 'bad decision after bad decision.' The defendants were previously convicted of concealing the birth of a child and perverting the course of justice. Judge Mark Lucraft KC noted that Gordon was not present in the dock but might join via video link.
