Constance Marten and her partner Mark Gordon have been found guilty of gross negligence manslaughter over the death of their newborn baby Victoria, following one of the most expensive and disrupted criminal trials in recent British legal history.
The wealthy aristocrat, 38, and Gordon, 51, went on the run with their daughter to escape social services after their four other children were taken into care. Baby Victoria’s body was discovered inside a Lidl shopping bag with rubbish in a disused allotment shed in Brighton on 1 March 2023.
The guilty verdict came after a retrial at the Old Bailey, with both proceedings hampered by extraordinary disruption and delays that took up more than 33 weeks of court time at an estimated cost of £10 million.
Death Was “Inevitable”
Prosecutors successfully argued that Victoria’s death was “inevitable” when the couple began camping on the South Downs in January 2023 in what was described as a “flimsy” tent during freezing winter conditions.
The baby was found two days after Marten and Gordon were arrested following a 54-day nationwide police hunt that gripped the nation. The search began when their burnt-out car was discovered on the M61 near Bolton, containing evidence that Marten had recently given birth.
Tom Little KC, prosecuting, told jurors the couple had exposed their baby to “cold, damp and windy conditions” with inadequate clothing and shelter. The couple denied wrongdoing, claiming Victoria’s death was a tragic accident.
Previous Convictions
The pair were found guilty last year of perverting the course of justice, concealing the birth of a child, and child cruelty after an initial Old Bailey trial lasting almost five months. However, that first jury was discharged after failing to reach verdicts on the manslaughter charges, having sent almost 200 notes or questions to the judge.
The case, initially scheduled to last six weeks, spiralled into one of the longest and most complex trials in recent memory. Judge Mark Lucraft KC presided over both proceedings, which were marked by unprecedented courtroom drama.
Dramatic Courtroom Scenes
The retrial was nearly derailed when Marten dramatically revealed Gordon’s “violent rape conviction” from when he was a teenager in the United States. Judge Lucraft suggested this may have been a “deliberate attempt” to “scupper” the proceedings.
Gordon’s barrister argued the evidence was so prejudicial that the jury should be discharged. However, Gordon changed his mind when he realised he would face trial without his partner the following year if the case collapsed.
In further extraordinary scenes, Marten announced she wanted to “sack” her KC – the 15th lawyer she had parted company with during the proceedings. She continued with junior counsel representation whilst Gordon’s lawyers withdrew entirely, leaving him to represent himself.
Self-Representation Drama
Gordon’s self-representation led to surreal courtroom moments. He requested a copy of Archbold, the 3,500-page legal textbook covering the entirety of criminal law in England and Wales.
At one point, an exasperated Judge Lucraft asked: “Do you want me to adjourn for three years while you do a law degree?”
In an unprecedented move, Gordon was permitted to cross-examine his own partner. Marten used the opportunity to launch attacks on her aristocratic family, who have links to the Royal Family and whom she claimed viewed her as “an embarrassment.
Family Estrangement
The court heard how 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. Her wealthy family disapproved of the relationship and hired private investigators to track the couple.
Some people who are privileged think they are above the rules,” Marten told the court. “It is harrowing, you are up against these people who will stop at nothing, who have endless resources and connections.”
Despite her estrangement, court documents revealed Marten had received £48,000 from a family trust fund before going on the run with baby Victoria.
‘Stolen by the State’
The couple’s distrust of authorities stemmed from having their previous four children removed by social services. They viewed the system as having “stolen” their children and were determined to keep Victoria at any cost.
This determination led them to live rough in winter conditions rather than seek help when Marten gave birth. The prosecution argued this decision directly caused Victoria’s death through hypothermia or accidental smothering.
Police Operation
The search for the couple involved over 200 officers and covered approximately 90 square miles from Brighton to Newhaven. The operation included helicopters, drones, thermal imaging cameras and police dogs in one of the largest manhunts in recent British history.
When arrested, the couple refused to reveal Victoria’s whereabouts, leading to an intensive two-day search before her body was discovered in the allotment shed.
Sentencing Ahead
Both Marten and Gordon have been remanded in custody since their arrest in February 2023. Sentencing is expected to take place in the coming weeks, with the maximum penalty for gross negligence manslaughter being life imprisonment.
The case has raised serious questions about support for vulnerable families and the balance between child protection and keeping families together. It has also highlighted the extraordinary lengths some parents will go to in attempting to evade social services.
The guilty verdict brings closure to one of the most tragic and complex criminal cases in recent years, though at an unprecedented cost to the public purse and after extraordinary disruption to the justice system.
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