Constance Marten’s legal professional has stated the dying of her new child child used to be a “tragic twist of fate” brought about via her “falling asleep and compromising her child’s respiring”.
In his opening speech to the jury all through a retrial on the Previous Bailey, Francis FitzGibbon KC stated that Marten used to be “fed on via grief” and “diminished to scavenging for meals” after her child died.
Marten, 37, and Mark Gordon, 50, deny gross negligence manslaughter and inflicting or permitting the dying in their child.
Closing 12 months they have been discovered to blame of concealing the beginning of a kid and perverting the process justice.
The stays in their child have been present in a bag for existence in a shed in a Brighton suburb in March 2023.
John Femi-Ola KC, barrister for Mr Gordon, advised the jury in his opening observation that child Victoria used to be “neatly cared-for, neatly cherished, and stored heat and with regards to her mom”, and added it used to be disputed that their child “used to be ever carried in a bag for existence while she used to be residing”.
Mr Fitzgibbon KC stated the infant used to be born in a rented cottage in Cumbia on Christmas Eve 2022.
He added that the couple then went at the run as a result of they didn’t need their child to be taken from them as their earlier 4 kids were.
“They went quickly into hiding to steer clear of undesirable consideration whilst deciding what to do”, he stated.
“Ms Marten,” he stated, “exhausted, fell asleep over her child after breastfeeding… and the end result used to be the infant may just now not breathe and died”.
He added: “What came about used to be no crime, however a horrible tragic twist of fate.”
The jury has been advised that pathologists stated the reason for dying used to be now not but identified.
For the prosecution, Tom Little KC previous advised the courtroom that the couple were “warned that it used to be beside the point to reside in a tent with out get entry to to correct heat”.
He advised jurors that the stipulations the defendants have been residing in have been “completely reckless” and threatening.
“What came about at the South Downs used to be executed within the enamel of warnings via social staff and the courts,” he stated, “and at a time when the defendants knew that their different kids – 4 of them – were got rid of from their care”.
The jury used to be additionally advised that Marten had prior to now been warned of the dangers of staying in a tent with a new child child via social staff.
Giving proof on the Previous Bailey, a social employee who had touch with Marten and Gordon when their first child used to be born stated their case used to be “very memorable”.
She advised jurors that on one instance she accompanied Marten to a tent the place she and Gordon were staying whilst she used to be pregnant.
Marten had simply given beginning to the primary of the couple’s different kids. Requested what the tent used to be like, the witness stated: “It used to be what I’d describe as a competition tent, very small, inexperienced in color… bowing at the best.”
Mr FitzGibbon requested the social employee whether or not Marten had stated that she supposed to reside within the tent with the infant.
“No she did not say that, as a result of she felt she may just declare social housing,” the social employee responded.
The social employee used to be proven notes from the native authority laptop gadget that she had made on the time.
Those document that Marten “used to be on first identify phrases together with her financial institution supervisor” and had stated that her accept as true with fund were stopped and she or he had no cash she may just get entry to.
Marten and Gordon have denied manslaughter and a 2nd fee of inflicting or permitting the dying of a kid between 4 January and 27 February 2023.
The trial continues.
