Constance Marten and her partner Mark Gordon caused the “entirely avoidable” death of their baby daughter, their retrial has heard.
Marten, 37, and Gordon, 50, are accused of the manslaughter of their newborn daughter by gross negligence in early 2023.
Jurors at the Old Bailey heard that the couple allegedly kept the birth of their daughter as “their little secret” after their four older children were taken into care.
On 5 January 2023, the defendants went on the run with the baby after their car burst into flames on a motorway in Greater Manchester, jurors heard.
They fled the scene, and went on to travel hundreds of miles across England in taxis costing thousands of pounds, the court was told.
Prosecutor Tom Little KC said Marten came from a “very wealthy family” and had a trust fund so could buy whatever she needed.
Couple ‘went off-grid’
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Mr Little said the couple travelled from Harwich to Colchester in Essex and on to east London before making their way to the South Downs where they went “off-grid” and slept in a “flimsy” tent from 8 January.
The couple transferred the baby to a Lidl bag for life after dumping a brand new buggy and were next seen on 12 January at a Texaco garage where Marten bought snacks with cash. There was no sign of the baby.
Mr Little told the jury: “You will have to consider if the baby had by now died of hypothermia, or had been smothered and suffocated in the obviously dangerous sleeping conditions in that tent, or whether she was still alive at this point but that her fate was sealed by the conduct of the defendants carrying her in a bag for life.”
After the baby died, the defendants continued to sleep rough and scavenge in bins for food while carrying the body in the same Lidl bag.
Baby’s decomposed body discovered
The child’s decomposed body was eventually found by police a few days after the defendants were detained in Brighton on 27 February 2023.
Mr Little told jurors: “They put their relationship and their views of life before the life of a little baby girl.
“Rather than act in the obvious best interests of a vulnerable baby and one that they should have cared for and looked after, they decided instead that they knew best.
“They decided to ignore the advice that they had previously been given. They decided that in the middle of winter and in obviously dangerous weather conditions they would deprive the baby of what it needed – warmth, shelter, protection and food and ultimately safety.
“They essentially went off-grid and lived in a tent with hardly any clothes, no means of keeping and remaining warm and dry and with scarcely any food.”
It was their “grossly negligent and obviously dangerous conduct” that caused the death of the baby, jurors were told.
“After the baby died, in January 2023, 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, which they carried around and then left in a disused shed,” Mr Little added.
Defendants deny manslaughter
Jurors were told the defendants were convicted at an earlier trial of concealing the birth of a child and perverting the course of justice.
The defendants have denied manslaughter and a second charge of causing or allowing the death of a child between 4 January and 27 February 2023.
Marten appeared in court while Gordon did not, but jurors were told he might join the proceedings later by video link.
Judge Mark Lucraft KC warned jurors against “jumping to any conclusions” before hearing all the evidence in the case.
The Old Bailey retrial is expected to last for up to eight weeks.
Sir Keir Starmer and Rachel Reeves have scrapped plans to break their manifesto pledge and raise income tax rates in a massive U-turn less than two weeks from the budget.
I understand Downing Street has backed down amid fears about the backlash from disgruntled MPs and voters.
The Treasury and Number 10 declined to comment.
The decision is a massive about-turn. In a news conference last week, the chancellor appeared to pave the way for manifesto-breaking tax rises in the budget on 26 November.
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‘Aren’t you making a mockery of voters?’
The decision to backtrack was communicated to the Office for Budget Responsibility on Wednesday in a submission of “major measures”, according to the Financial Times.
Tory shadow business secretary Andrew Griffith said: “We’ve had the longest ever run-up to a budget, damaging the economy with uncertainty, and yet – with just days to go – it is clear there is chaos in No 10 and No 11.”
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The UK’s economic slowdown gathered further momentum during the third quarter of the year with growth of just 0.1%, according to an early official estimate that makes horrific reading for the chancellor.
The Office for National Statistics (ONS) reported a surprise contraction for economic output during September of -0.1% – with some of the downwards pressure being applied by the cyber attack disruption to production at Jaguar Land Rover.
The figures for July-September followed on the back of a 0.3% growth performance over the previous three months and the 0.7% expansion achieved between January and March.
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Growth ‘slightly worse than expected’
The encouraging start to 2025 was soon followed by the worst of Donald Trump’s trade war salvoes and the implementation of budget measures that placed employers on the hook for £25bn of extra taxes.
Economists have blamed those factors since for pushing up inflation and harming investment and employment.
ONS director of economic statistics, Liz McKeown, said: “Growth slowed further in the third quarter of the year with both services and construction weaker than in the previous period. There was also a further contraction in production.
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“Across the quarter as a whole, manufacturing drove the weakness in production. There was a particularly marked fall in car production in September, reflecting the impact of a cyber incident, as well as a decline in the often-erratic pharmaceutical industry.
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What next for the UK economy?
“Services were the main contributor to growth in the latest quarter, with business rental and leasing, live events and retail performing well, partially offset by falls in R&D [research and development] and hair and beauty salons.”
When measured by per head of population- a preferred measure of living standards – zero growth was registered during the third quarter.
The weaker-than-expected figures will add fuel to expectations that the Bank of England can cut interest rates at its December meeting after November’s hold.
The vast majority of financial market participants now expect a reduction to 3.75% from 4% on 18 December.
Data earlier this week showed the UK’s unemployment rate at 5% – up from 4.1% when Labour came to power with a number one priority of growing the economy.
Since then, the government’s handling of the economy has centred on its stewardship of the public finances.
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Chancellor questioned by Sky News
The chancellor was accused by business groups of harming private sector investment and employment through hikes to minimum wage levels and employer national insurance contributions.
The Bank has backed the assertion that hiring and staff retention has been hit as a result of those extra costs.
There is also evidence that rising employment costs have been passed on to consumers and contributed to the UK’s stubbornly high rate of inflation of 3.8% – a figure that is now expected to ease considerably in the coming months.
Rachel Reeves has blamed other factors – such as Brexit and the US trade war – for weighing on the economy, leaving her facing a similar black hole to the one she says she inherited from the Conservatives.
She said of the latest economic data: “We had the fastest-growing economy in the G7 in the first half of the year, but there’s more to do to build an economy that works for working people.
“At my budget later this month, I will take the fair decisions to build a strong economy that helps us to continue to cut waiting lists, cut the national debt and cut the cost of living.”
Shadow chancellor Sir Mel Stride responded: “Today’s ONS figures show the economy shrank in the latest month, under a Prime Minister and Chancellor who are in office but not in power.”
The Scottish government and For Women Scotland’s long-running legal battle over the definition of a woman is yet to come to a close.
For Women Scotland (FWS) won the case in April when the country’s highest court ruled “woman” and “sex” in the Equality Act 2010 refers to “a biological woman and biological sex”.
The Scottish government was ordered to pay a portion of the campaign group’s legal costs.
FWS told Sky News the bill of costs for the Supreme Court element of the case was more than £270,000, however various parts have reportedly been disputed by the Scottish government.
That has now been submitted to the court for determination and a decision is awaited.
Image: Pic: PA
The Outer and Inner House element of the case at the Court of Session in Edinburgh was said to be more than £150,000.
Trina Budge, co-director of FWS, said the group is also due an uplift – a small percentage of the final expenses awarded.
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Ms Budge claimed Scottish ministers are yet to enter into any negotiations on settlement and a date has been set in January for a hearing before the Auditor of the Court of Session to confirm the amount the government will have to pay.
Ms Budge said: “The delay always suits the paying party but I think it’s quite unusual to decline to enter into any discussions at all.
“It’s highly likely this is a deliberate tactic in the hope of starving us of funds to prevent us continuing our latest case on the lawfulness of housing male prisoners on the female estate.
“However, it should come as no surprise to the government that we have massive support and we will, of course, be continuing regardless of any sharp practices.”
Image: Susan Smith and Marion Calder, co-directors of For Women Scotland, outside the Supreme Court in London in April. Pic: PA
It is understood the bill of costs for the Supreme Court case was lodged by FWS in August, while the expenses linked to the Court of Session action was submitted in September.
Figures revealed by a recent Freedom of Information (FOI) request show the Scottish government has spent at least £374,000 on the case.
Final costs are yet to be confirmed but will be published once complete.
A Scottish government spokesperson said: “There is an established process to be undertaken to agree the final costs for a legal case and these will be calculated and published in due course.”
If possible, schools can also provide gender neutral toilets for transgender students.
However, court proceedings continue over transgender prisoners.
Current SPS guidance allows for a transgender woman to be admitted into the female estate if the inmate does not meet the violence against women and girls criteria, and there is no other basis “to suppose” they could pose an “unacceptable risk of harm” to those also housed there.
First Minister John Swinney and Justice Secretary Angela Constance have both dodged questions on the case, citing it would be inappropriate to comment on live court proceedings.
Image: Justice Secretary Angela Constance and First Minister John Swinney. Pic: PA
On Tuesday, Ms Constance was accused by former Scottish Tory leader Douglas Ross of “misleading” Holyrood, saying she could give full answers under contempt of court legislation.
Scottish Tory MSP Tess White, the party’s equalities spokesperson, added she was “spine-chillingly concerned” of a repeat of the Isla Bryson case.
Image: The case of Isla Bryson sparked a public outcry after the double rapist was sent to a women-only prison. Pic: PA
Bryson, a transgender woman born Adam Graham, was initially sent to a women-only prison despite being convicted of raping two women.
The offender was later transferred to the male estate following a public outcry.
Speaking to Sky News, Ms White said: “John Swinney was quick to waste taxpayers’ money fighting a case which confirmed what the vast majority of the public knew beforehand: a woman is an adult human female.”
The MSP for North East Scotland urged the SNP administration to “pay up and finally respect the clear judgment from the Supreme Court”.
A Scottish government spokesperson said: “It is the Scottish government’s long-held position that it is inappropriate for Scottish ministers to comment on live litigation.
“In all cases, we have an obligation to uphold the independence of the judiciary. We do not want the government to ever be seen as interfering in the work of the independent courts.”