A wealthy aristocrat and her partner caused the “entirely avoidable” death of their baby daughter by choosing to go on the run during dangerously cold winter conditions without proper food, shelter, or clothing, a jury at the Old Bailey has heard.

Constance Marten, 37, and her partner Mark Gordon, 50, are accused of manslaughter by gross negligence, as well as causing or allowing the death of a child, following a tragic chain of events that took place between January and February 2023.

The court was told the couple had kept the baby’s birth “their little secret”, after their four older children had previously been taken into care. In an attempt to avoid authorities, the pair travelled across the country in taxis, spending thousands of pounds before setting up camp in a flimsy tent on the South Downs, the jury heard.

Baby Carried in a Lidl Bag While Parents Scavenged for Food

Prosecutor Tom Little KC told jurors that Marten, who comes from a wealthy family with access to a trust fund, carried the baby around in a Lidl bag for life, despite having the means to provide adequate care. The couple allegedly scavenged in bins for food and failed to provide their newborn with basic warmth or protection.

“They put their relationship and their views of life before the life of a little baby girl,” Mr Little said.
“They decided that in the middle of winter, in obviously dangerous weather conditions, they would deprive the baby of what it needed – warmth, shelter, protection, food, and ultimately, safety.”

Timeline of Events

Jurors heard that the couple began sleeping rough on January 8, 2023, with no sign of the baby during a sighting at a Texaco garage just four days later. Prosecutors questioned whether the child may have already died by that time, either from hypothermia or suffocation in the tent.

Rather than reporting the death, the couple allegedly continued sleeping rough, still carrying their deceased child’s body in the same shopping bag, until they were eventually arrested in Brighton on February 27, 2023. A police search later uncovered the baby’s decomposed body in a disused shed, surrounded by rubbish.

Defendants Claimed Death Was Accidental

In a police interview, Marten claimed the baby died after she accidentally fell asleep with her tucked under her coat, and insisted the child had been adequately clothed. Gordon supported this account, telling police it was something “nobody could ever have anticipated.” However, prosecutors say the couple had previously been warned about the dangers of living in a tent with a baby in cold conditions, and that their actions amounted to gross negligence.

Mr Little added:

“After the baby died, the defendants did not hand themselves in but instead remained off-grid, trying to hide for a number of weeks, leaving the body of their dead baby in a shopping bag covered in rubbish.”

Prior Convictions and Ongoing Trial

The court also heard that both Marten and Gordon have already been convicted at an earlier trial of concealing the birth of a child and perverting the course of justice.

They have denied the further charges of manslaughter and causing or allowing the death of a child.

The pair are of no fixed address, and Gordon did not appear in the dock alongside Marten at the start of the trial but may join proceedings via video link later.

Judge Mark Lucraft KC reminded the jury not to speculate or conduct outside research, urging them to base their verdicts solely on the evidence presented in court.

The retrial at the Old Bailey is expected to last up to eight weeks.

For ongoing updates from the trial and other national news, visit The Sentinel Current.