Constance Marten and her partner Mark Gordon have been found guilty of killing their newborn baby.
Marten, 38, who is from a wealthy family, and Gordon, 51, went on the run with their daughter Victoria to get away from social services after their four other children were taken into care.
The baby’s body was found with rubbish inside a Lidl shopping bag, in the corner of a disused shed, in an allotment in Brighton on 1 March 2023 – two days after the couple were arrested following a 54-day nationwide police hunt.
The couple were found guilty of manslaughter by gross negligence on Monday at the Old Bailey. They gave no response and refused to stand up as the verdict was read out.
Gordon leaned his head back with his eyes closed while Marten looked resigned.
Image: Constance Marten and Mark Gordon were arrested after a 54-day police hunt. Pic: Met Police/PA
Prosecutors had said Victoria’s death was “inevitable” when Marten and Gordon began camping on the South Downs in January 2023 in a “flimsy” tent.
The couple said it was a tragic accident and denied wrongdoing, but were found guilty of perverting the course of justice, concealing the birth of a child, and child cruelty last year after an Old Bailey trial lasting almost five months.
The jury – initially told the case would last six weeks – was discharged after failing to reach a verdict on other outstanding counts, having sent a total of almost 200 notes or questions to the judge.
Image: Mark Gordon represented himself. Pic: Elizabeth Cook/PA
Twists and turns in court
Marten and Gordon have now been found guilty of manslaughter following a retrial in front of a second jury at the same court.
Both trials were hampered by disruption and delays, taking up more than 33 weeks of court time, which at an estimated £30,000 per defendant a day could have cost in the region of £10m.
Judge Mark Lucraft KC suggested Marten may have made a “deliberate attempt” to “scupper” the retrial when she dramatically revealed Gordon’s “violent rape conviction” in the US after he attacked a woman when he was a teenager.
Gordon’s barrister said the evidence was so prejudicial the jury should be discharged only for his client to change his mind when he realised he would have to stand trial without his partner next year.
Image: Constance Marten’s brother Tobias Marten and her mother Virginie de Selliers arriving at the Old Bailey. Pic: PA/Jordan Pettitt
Marten then said she wanted to “sack” her KC, the 15th lawyer she had parted company with, but was still represented by a junior barrister, while Gordon’s lawyers withdrew and he represented himself.
He asked for a copy of the 3,500-page legal textbook Archbold, which covers the entirety of the criminal law in England and Wales, and at one point, the judge said: “Do you want me to adjourn for three years while you do a law degree?”
In an extraordinary courtroom cross-examination, Gordon was allowed to question his partner, who took the opportunity to attack her family, who have links to the Royal Family and who she said saw her as “an embarrassment”.
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1:48
CCTV shows couple on the run before arrest
‘Such obvious risks’
After the verdict, the Crown Prosecution Service’s (CPS) London Senior Crown Prosecutor Samantha Yelland said it was “shocking” that Marten and Gordon “could subject their newborn baby to such obvious risks”.
“Their reckless actions were driven by a selfish desire to keep their baby no matter the cost – resulting in her tragic death,” she added.
“These defendants did everything they could to evade the authorities – from avoiding the use of their bank cards to the point that they were starving, ditching their phones to avoid being traced and travelling hundreds of miles daily from place to place to dodge the police.”
Metropolitan Police Detective Chief Inspector Joanna Yorke, who led the homicide investigation into Victoria’s death, also said that Marten and Gordon’s “selfish actions” resulted in “the death of an innocent newborn baby who would have recently had her second birthday and should have had the rest of her life ahead of her”.
She added: “We know today’s verdict won’t bring Victoria back, but I am pleased our investigation has resulted in the couple who caused her death finally being brought to justice.”
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5:09
How were Marten and Gordon caught?
‘Stolen by the state’
Marten met Gordon around a decade ago and the pair married in an unofficial ceremony in Peru, where she later became pregnant with their first child.
She said her family didn’t approve of the relationship and her parents hired private investigators to track them.
“Some people who are privileged think they are above the rules,” she said.
“It is harrowing, you are up against these people who will stop at nothing, who have endless resources and connections.”
Image: Marten, Gordon and baby Victoria in an east London kebab shop. Pic: PA
A search for Marten and Gordon was launched after a placenta was found in the couple’s burnt-out car on a motorway in Bolton in January 2023.
Marten said they went on the run so their fifth child would not be removed from them after her other children were “stolen by the state”.
The couple spent vast sums of cash from her family trust fund on taxi journeys as they travelled from Bolton, to Liverpool, to Harwich in Essex, to London and then to Newhaven on the south coast.
Image: Victoria’s body was found in this Lidl shopping bag. Pic: Met Police
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2:47
Constance Marten arrest: ‘Where is your child?’
Prosecutors said the baby was inadequately clothed in a babygrow and that Marten had got wet as she carried the infant underneath her coat, alleging Victoria died from hypothermia or was smothered while co-sleeping.
The court heard how Marten had been warned against living in a tent with a baby and falling asleep with a child on her chest after she first gave birth in 2017.
Marten said that she was living in fear and that her “number one priority” was to protect Victoria.
But her evidence came to an abrupt end when she refused to answer any more questions after prosecutor Joel Smith KC asked her if leaving her daughter’s body in a bag of rubbish was a “despicable thing” to do.
‘Treated like monsters’
Gordon, who did not give evidence in the first trial and adopted the same tactic in the second before changing his mind, blamed the police manhunt for setting off a series of “calamitous” events which ended in Victoria’s death.
He wept in the witness box as he claimed the couple had been treated like “monsters” and dragged through mud like “scum” over what happened.
But he also pulled the plug before prosecutors could question his story, declaring: “All right, that’s it.”
In his closing speech, Gordon, wearing a pale orange head covering, told the jury the prosecution case was “like a script from a movie” and the conditions posed no threat to Victoria because they were “experienced campers”.
He said the tent was sheltered, they wore layered clothing and even mentioned his “wife’s excessive body fat”.
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2:44
Mark Gordon’s sister: ‘We’re all just in shock’
‘Complete madness’
During the retrial, Marten, who trained as a journalist, appeared on the front cover of a magazine written “by and for women in the justice system”, having written a three-page article under her own picture byline.
In the piece, accompanied by a podcast in which her words were read by an actor, she complained about the “disgusting and inadequate” court food, the “stone cold cells in the basement” and 17 to 19-hour days “when I decide to attend”.
“My life depends on the outcome of this trial,” she wrote. “How can I attend a highly emotionally charged case with my liberty on the line and remain alert and attentive for three months? With very little rest and no access to my legal team while my trial is ongoing, it’s just complete madness.”
An inquiry into the case of a hospital worker who sexually abused dozens of corpses has concluded that “offences such as those committed by David Fuller could happen again”.
It found that “current arrangements in England for the regulation and oversight of the care of people after death are partial, ineffective and, in significant areas, completely lacking”.
Phase 2 of the inquiry has examined the broader national picture and considered if procedures and practices in other hospital and non-hospital settings, where deceased people are kept, safeguard their security and dignity.
During his time as a maintenance worker, he also abused the corpses of at least 101 women and girls at Kent and Sussex Hospital and the Tunbridge Wells Hospital before his arrest in December 2020.
His victims ranged in age from nine to 100.
Phase 1 of the inquiry found he entered one mortuary 444 times in the space of one year “unnoticed and unchecked” and that deceased people were also left out of fridges and overnight during working hours.
‘Inadequate management, governance and processes’
Presenting the findings on Tuesday, Sir Jonathan Michael, chair of the inquiry, said: “This is the first time that the security and dignity of people after death has been reviewed so comprehensively.
“Inadequate management, governance and processes helped create the environment in which David Fuller was able to offend for so long.”
He said that these “weaknesses” are not confined to where Fuller operated, adding that he found examples from “across the country”.
“I have asked myself whether there could be a recurrence of the appalling crimes committed by David Fuller. – I have concluded that yes, it is entirely possible that such offences could be repeated, particularly in those sectors that lack any form of statutory regulation.”
Sir Jonathan called for a statutory regulation to “protect the security and dignity of people after death”.
After an initial glance, his interim report already called for urgent regulation to safeguard the “security and dignity of the deceased”.
On publication of his final report he describes regulation and oversight of care as “ineffective, and in significant areas completely lacking”.
David Fuller was an electrician who committed sexual offences against at least 100 deceased women and girls in the mortuaries of the Kent and Sussex Hospital and the Tunbridge Wells Hospital. His victims ranged in age from nine to 100.
This first phase of the inquiry found Fuller entered the mortuary 444 times in a single year, “unnoticed and unchecked”.
It was highly critical of the systems in place that allowed this to happen.
His shocking discovery, looking at the broader industry – be it other NHS Trusts or the 4,500 funeral directors in England – is that it could easily have happened elsewhere.
The conditions described suggest someone like Fuller could get away with it again.
BBC director-general Tim Davie has said MasterChef can survive its current scandal as it is “much bigger than individuals” – but the corporation must “make sure we’re in the right place in terms of the culture of the show”.
After the report was published, Wallace, 60, said he was “deeply sorry” for causing any distress, and never set out to “harm or humiliate”.
Torode, 59, said he had “no recollection of the incident” and said he “did not believe that it happened,” and said he was “shocked and saddened by the allegation”.
Mr Davie said the BBC’s leadership team would not “tolerate behaviour that is not in line with our values,” while BBC chair Samir Shah acknowledged there were still pockets within the broadcaster where “powerful individuals” can still “make life for their colleagues unbearable”.
They said several BBC staff members had been dismissed in the last three months, following an independent review into workplace culture.
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Wallace, who was sacked from MasterChef last week, is not included in that count as he was not directly contracted by the corporation, but employed by independent production company Banijay.
The corporation has yet to decide if the unseen MasterChef series – filmed with both Wallace and Torode last year – will be aired or not.
Image: BBC Broadcasting House in Portland Place, London. Pic: Jordan Pettitt/PA
News of the findings in the Gregg Wallace report came just hours before the BBC was deemed to have breached its editorial guidelines by failing to disclose that the child narrator of a Gaza documentary was the son of a Hamas official.
Media watchdog Ofcom subsequently launched its own investigation into the programme.
While the 2024-25 annual report showed a small rise in trust overall for the corporation, Mr Davie acknowledged it had been a year which saw the reputation of the BBC damaged by “serious failings” in the making of the documentary.
The BBC boss acknowledged: “It was important that the BBC took full responsibility for those failings and apologised for them,” and later in response to a question, called the documentary – Gaza: How To Survive A Warzone – “the most challenging editorial issue I’ve had to deal with”.
He went on: “The importance of fair balance reporting, the need for high-quality homegrown programming in the face of massive pressure, I think has never, ever been greater. And I believe my leadership and the team I’ve assembled can really help the BBC thrive in that environment and very competitive environment.”
Image: BBC Director-General Tim Davie. Pic: PA
BBC boss has chair’s ‘full support’
Despite a series of failings in recent months – including livestreaming the controversial Bob Vylan set at Glastonbury last month – Mr Davie insisted he can “lead” the organisation in the right direction.
When asked if he would resign, he replied: “I simply think I’m in a place where I can work to improve dramatically the BBC and lead it in the right way.
“We will make mistakes, but I think as a leadership and myself, I’ve been very clear, and I think we have been decisive.”
He said the organisation was setting a “global standard” for media.
Mr Shah, reiterated his support for Mr Davie.
“Tim Davie and his team, and Tim in particular, has shown very strong leadership throughout all this period and he has my full support.”
The report also revealed its top earners, which saw former Match Of The Day host Gary Lineker top the chart once again.
Meanwhile, Australian children’s cartoon Bluey proved a boon for the broadcaster, and was the most watched show in the US across all genres – with 55 billion minutes viewed.
The top 10 shows watched over Christmas 2024 were also all from the BBC.
Recent annual reviews have been overshadowed by the Huw Edwards scandal and allegations of a toxic environment around flagship show Strictly Come Dancing.
This breaking news story is being updated and more details will be published shortly.
The iconic Sycamore Gap tree “can never be replaced” but its stump is showing signs of life, the National Trust has said, as the two men who felled it face sentencing.
Adam Carruthers, 32, and Daniel Graham, 39, drove 30 miles through a storm from Cumbria to Northumberland on 27 September 2023 before felling the landmark in less than three minutes.
Prosecutors said their “moronic mission” caused more than £620,000 worth of damage to the tree and more than £1,000 worth of damage to Hadrian’s Wall, where it fell.
They took a wedge as a trophy, which has never been recovered, and seemed to revel in the media coverage, exchanging messages and voice notes about the story going “wild” and “viral”.
Footage of the moment the tree was felled was played during the men’s trialat Newcastle Crown Court, where they both denied but were found guilty of two counts of criminal damage.
Image: Adam Carruthers and Daniel Graham. Pic: Northumbria Police/PA
Image: A picture of the tree taken hours before it was felled. Pic: CPS
In a victim impact statement read at their sentencing hearing, National Trust general manager Andrew Poad, said the “iconic tree can never be replaced”.
“While the National Trust has cared for it on behalf of the nation, it belonged to the people,” he wrote.
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“It was a totemic symbol for many; a destination to visit whilst walking Hadrian’s Wall, a place to make memories, take photos in all seasons; but it was also a place of sanctuary – a calming, reflective space that people came to year after year.
“While what was lost cannot be replaced, the stump is showing signs of life, with new shoots emerging at the base – as the decades progress, there is hope that some may grow and establish.”
Mr Poad said the “outpouring of emotion” to the felling was “unprecedented”, with one message from a member of the public described it as “like losing a close family member”.
Pictures were shown in court of a “celebration room” in memory of the tree, including a note which says: “How dare he steal our JOY,” while another reads: “Nature at it’s best over 300 years. Humanity at its worst over one night”.
Mr Poad added: “The overwhelming sense of loss and confusion was felt across the world.
“When it became clear that this was a malicious and deliberate act the question was why anyone would do this to such a beautiful tree in such a special place, it was beyond comprehension.”
Image: The pair were found guilty of criminal damage
Graham has a previous caution for theft after he cut up a “large quantity of logs using a chainsaw”, the court heard.
He also has convictions for violence including battery and public order offences, which were said to be “relationship-based”, while Carruthers has no previous cautions or convictions.
The tree, which had stood for more than 100 years in a dip in the landscape, held a place in popular culture and was featured in the 1991 Kevin Costner film Robin Hood: Prince Of Thieves.
It also formed part of people’s personal lives, as the scene of wedding proposals, ashes being scattered and countless photographs.
A 6ft section of the trunk is now on public display at The Sill: National Landscape Discovery Centre, around two miles from where it once stood, while 49 saplings taken from the tree have been conserved by the National Trust.
Graham and Carruthers, who were once close friends, gave no explanation for why they targeted the tree, and since their arrests, they have fallen out and come to blame each other.
At their trial, Graham claimed Carruthers had a fascination with the sycamore, saying he had described it as “the most famous tree in the world” and spoken of wanting to cut it down, even keeping a piece of string in his workshop that he had used to measure its circumference.
Carruthers denied this and told the court he could not understand the outcry over the story, saying it was “just a tree”.
Prosecutor Richard Wright KC said the pair have now accepted they went on the mission in pre-sentencing reports.
But Carruthers claimed he was “drunk” and didn’t realise what happened until the next day, while Graham said it was “only when the blade made contact with the tree he realised it was serious,” the court heard.
Mr Wright added: “The court can be sure they were sober, prepared and planned to do exactly what they did.”