By Ellie Ng, PA
There has been a delay to aristocrat Constance Marten giving evidence in her trial over the death of her baby girl after the court heard that she had complained of suffering from a headache and toothache.
Marten, 37, and Mark Gordon, 50, are charged with the manslaughter of their daughter Victoria who died after they went off-grid in early 2023.
The Central Criminal Court, better known as the Old Bailey, in London, was told that the couple had gone to the south coast to avoid having their fifth child taken into care amid a high-profile police hunt for the missing baby.
It is alleged that Victoria was inadequately clothed in a babygrow and that Marten had got wet as she carried the baby underneath her coat.
The prosecution alleges that Victoria died from hypothermia or was smothered while co-sleeping in a “flimsy” tent on the South Downs despite previous warnings about taking similar risks with children.
The baby’s body was found with rubbish in a Lidl “bag for life” in a disused shed in Hollingdean, Brighton, on Wednesday 1 March 2023, two days after the defendants were arrested near by.
Marten had been due to start her evidence on yesterday afternoon (Tuesday 22 April) but the hearing was adjourned after the court heard that she was suffering from a headache and toothache.
Addressing Marten’s barrister, Francis FitzGibbon, Judge Mark Lucraft said: “Just before the jury came into court you indicated to me two things.
“First of all that Ms Marten is going to be giving evidence and that she is not feeling 100 per cent at the moment.
“She is complaining of a headache and toothache. I have said that we will start her evidence tomorrow morning.”
The judge added: “I have not seen anything medical but I have made it clear to you I’m hoping she will be able to see somebody.”
Mr FitzGibbon said: “I am very grateful to the court for allowing her the time to get herself into a state where she will be fit (to give evidence).”
Addressing jurors before dismissing them for the day, Judge Lucraft said: “I’m sure you can understand, those people who might have had toothache, there is probably nothing worse than toothache.”
Earlier yesterday, the court was told that Gordon would not be giving evidence.
John Femi-Ola, defending, said: “I do not propose to call Mr Gordon.”
Jurors heard evidence from a consultant in paediatric and perinatal pathology, Srinivas Rao Annavarapu.
He was asked to estimate when baby Victoria was born based on the placenta that was found in the defendants’ car on Thursday 5 January 2023.
The consultant said that he believed that it was more likely that the baby was closer to two to three weeks old rather than one to two days at the time when the placenta was found, based on its condition.
Marten and Gordon, of no fixed address, have denied the gross negligence manslaughter of their daughter and causing or allowing her death between Wednesday 4 January and Monday 27 February 2023.
Jurors have been told that the defendants were convicted at an earlier trial of concealing the birth of a child and perverting the course of justice.
The trial continues.
