UK - Constance Marten & Mark Gordon charged, Newborn (found deceased), Bolton Greater Manchester, 5 Jan 2023 #4

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There is a difference between wanting and being able to, IMO.
Very true. She seems completely unable to care for a child. I just can't understand why as it is the most basic needs of the baby that weren't being met. Yet Constance at least, had an upbringing where you would expect she would have understood the basic child needs.

I wonder what has happened that has made her so incapable.
 
No, there were 2 breakdowns with 2 different cars- a Suzuki and then a Peugeot.

One on 28 December when the recovery driver didn’t see or hear a baby.

The car fire was on 5 January (with a different car) and it was this one when the witness saw the baby and touched her head.


I think the prosecution are possibly going to suggest she gave birth in the car which later caught fire (there has been mention of blood on the back seat of this car) or at least that she gave birth after they acquired this car. But that’s IMO.

I assume this blood was carefully studied as although they may have thought a baby had been born, they'd have been checking that nobody (adult) was murdered or had lost a huge life threatening volume of blood in that vehicle surely?
 
I've just been listening to the podcast. None of this make any sense. I understand that they wanted to hide from authorities to keep their daughter - I get that bit. And it's a bad idea but I get that they decided to stay in a tent. But why on Earth, if they wanted this child so, so much, did they not dress the child appropriately and take measures to protect her. It seems such a contradiction - they wanted this child so much, yet they didn't take measures to keep her safe.
Agreed. It does not make sense. It even crossed my mind that they named the poor baby Victoria (meaning victorious) to perhaps demonstrate that this was (in their minds) their perverted sense of "victory" over the SS to flip the authorities the bird as it were albeit by sacrificing a poor innocent baby which they knew they had no chance of keeping. JMO
 
She doesn't have the right to refuse. It will be with the judge's consent. He said last week she was absent because she was in conference with her legal team, which we can assume to be true given that it was the judge who said it. I'm trying to find out whether she's been in court today. No success as yet.

She's not in court today.

I assume 'in conference with her legal team' must have meant video link appearance has been consented.

I recently read up the legislation on a defendant / prisoner refusing to attend when MG refused to attend his 'failure to report' hearing at a Magistrates Court and the Judge had said 'we cannot compel him to attend' which as IANAL I was shocked about.

In the document I read (sorry I can't link and hopefully someone here can quote chapter and verse) from what I understood, a prisoner cannot be physically forced to attend court although 'reasonable force' was mentioned. It did say that video link could be used or proceedings can go ahead in the absence of the defendant. Now that was in terms of magistrate's court IIRC.

My personal opinion is that CM cannot face the truth of her actions and will do whatever it takes to evade that. JMO MOO
 
Very true. She seems completely unable to care for a child. I just can't understand why as it is the most basic needs of the baby that weren't being met. Yet Constance at least, had an upbringing where you would expect she would have understood the basic child needs.

I wonder what has happened that has made her so incapable.

People who are brought up with servants and staff may well never have had to be responsible for anything such as 'picking up' after themselves or making their own meal.
 
Very true. She seems completely unable to care for a child. I just can't understand why as it is the most basic needs of the baby that weren't being met. Yet Constance at least, had an upbringing where you would expect she would have understood the basic child needs.

I wonder what has happened that has made her so incapable.

I don't know, even 8yr old can make the link between it being freezing cold outside and the need to put clothes on a baby, especially outside!.

I can't make up mind about CM at all. I'm sure she knows the basics of taking care of a baby, I mean she knew and took steps to keep herself warm, and she had cash, they bought nappies and a dummy, a pushchair, twice by the sounds of it, but they couldn't nip into a charity shop a buy clothes, blankets, a coat? She knew the baby needed those things, it seems to me she just didn't care enough to get them.
They risked exposure to buy a meal in a restaurant, to buy supplies in argos and boots, to buy petrol (which I think was for a fire but not a cremation), they took taxis with the baby, so it wasn’t the risk of buying clothes for a baby that stopped her.

I don't know what the reason was, but I don't believe for a second it's because she didn't know better. JMO
 

I *think* it says a defendant can waive their right to attend court as long as it is accepted that a fair trial will happen in their absence.

IANAL and may have interpreted that incorrectly.
If anything, the person who suffers most from Constance Marten's absence in court must be Constance Marten herself surely?

It's their right to be there to see that their trial is conducted fairly and to witness the evidence being presented against them. So if she doesn't want to be there then that's her loss more than anyone else's surely?

JMO
 
I don't know, even 8yr old can make the link between it being freezing cold outside and the need to put clothes on a baby, especially outside!.

I can't make up mind about CM at all. I'm sure she knows the basics of taking care of a baby, I mean she knew and took steps to keep herself warm, and she had cash, they bought nappies and a dummy, a pushchair, twice by the sounds of it, but they couldn't nip into a charity shop a buy clothes, blankets, a coat? She knew the baby needed those things, it seems to me she just didn't care enough to get them.
They risked exposure to buy a meal in a restaurant, to buy supplies in argos and boots, to buy petrol (which I think was for a fire but not a cremation), they took taxis with the baby, so it wasn’t the risk of buying clothes for a baby that stopped her.

I don't know what the reason was, but I don't believe for a second it's because she didn't know better. JMO

I do agree with you but at the same time it was the testimony of one of the drivers that CM was not appropriately dressed for the temperature and was shaking with cold. So, going by that, she was not taking care of herself in that moment, although, she did 'take care' of it by calling a cab and asking for the heating to be turned on - something that a few days old baby cannot do for itself and therefore she should be held accountable for failing to attend to the vital basic human needs of a vulnerable new born baby IMO!

JMO MOO
 
If anything, the person who suffers most from Constance Marten's absence in court must be Constance Marten herself surely?

It's their right to be there to see that their trial is conducted fairly and to witness the evidence being presented against them. So if she doesn't want to be there then that's her loss more than anyone else's surely?

JMO
Yes and I don't believe it gives a good impression to not bother turning up. It also begs the question, is she going to waive her right to take to the stand?
 
If anything, the person who suffers most from Constance Marten's absence in court must be Constance Marten herself surely?

It's their right to be there to see that their trial is conducted fairly and to witness the evidence being presented against them. So if she doesn't want to be there then that's her loss more than anyone else's surely?

JMO

I disagree. I think she will get far more of a fair trial by failing to appear in person and I think that her legal team making sure she's not there in person is by far the better representation on their part. For various reasons.

Firstly, it is my strong personal opinion that were CM to appear in court she would not be able to sit and listen to her charges and the prosecution speeches or witness testimonies without being exceptionally disruptive and thereby disrupting the course of justice and also racking up further charges regarding contempt of court etc. JMO.

Also, I think for her own potentially fragile mental health that it is possible she needs a team of support whilst having the charges and prosecution case and evidence put to her as she may not emotionally / psychologically be able to cope with hearing things be said and possibly do something stupid. One could say the same about any defendant but if her representation pre-empted this likelihood and it's based on previous situations, if they put a solid legal argument, then it's fair IMO.

Further, it is proven that juries judge women far more harshly than men when it comes to any form of crime where harm to a child has been perpetrated. I think it is possible that if CM comes off with a haughty, contemptuous, defiant, or disrespectful, demeanour she could end up far far worse off as well as racking up extra charges.

Mostly, if it is written into legislation that any defendant has the right to waive their appearance, then she is simply exercising that right and nobody can stop her. I think she will get more of a fair trial in her absence and possibly greater leniency too.

JMO MOO
 
Yes and I don't believe it gives a good impression to not bother turning up. It also begs the question, is she going to waive her right to take to the stand?

It would rather depend on whether the impression she gives in person is *worse* than the impression she gives in absence. I know what I'd be betting on.
 
There is a difference between wanting and being able to, IMO.
I absolutely agree. We can’t say yet what happened in this case, but in general the majority of parents who have children removed get to the point of having them removed (and don’t relinquish them) for exactly that reason - they still want to care for them, but for a number of reasons simply aren’t able to consistently meet their actual needs. Often the parents struggle to fully see that. There are very few parents who don’t fight to keep their children, whether they have physically hurt them, neglected them or ended up in a domestic abuse situation that endangers them. Commonly, they struggle to care for themselves as well and may not understand the nuance of a child’s emotional needs alongside the basic food/warmth. That understanding of emotional needs might be mentioned in this trial, we’ll have to see. But, for example, how long (if at all) was baby Victoria in a Lidl bag while alive and why (if she was) not understand a baby needs closeness and a safe environment to meet their needs? Could she not have been carried in a sling beneath a coat instead, even if trying to conceal her? Prams are often designed to be parent facing for young babies because the focus is on looking at their face and talking to them - which is key for emotional growth. (Not that the way it’s facing matters hugely, but we design them that way because we know that’s what’s important for that age group at that time.) What were they doing for Victoria’s emotional development? Were they singing nursery rhymes, chatting to her etc? Did they have time to do those things if they were constantly travelling and trying to find food/keep warm? Or was she mostly kept as quiet as possible and essentially ignored so as to not draw attention to her? There’s a big difference between a parent loving their child and actually providing a stable home where they can develop healthily.
 


I walked out and was shocked to see a lone female stood approximately five metres in front of my house. I could see she was carrying something in her hands.

He said Marten approached and said her car had broken down and asked for a lift to 'the nearest town.'

Gordon was standing further down the road under a street light, he said.

'It seemed to me she didn't know the area at all. She was very calm and confident.

'I thought it was strange the female was asking me for a lift and the male didn't speak.

'I saw the female had small baby in a blanket in her arms, I would say one or two months old at most.

'It was making noises throughout the journey but hadn't cried.'

He gave them a lift to Bolton town centre, where they asked where they could find hotels.

The couple then took a taxi from Bolton to Liverpool.

At 9pm, just three hours after leaving their burning vehicle the couple flagged down a taxi driven by Ali Yaryar.

Giving evidence by video link, Mr Yaryar said the first thing Marten did when she got into the car was ask him to put the heating on.

'She was cold, for that time of year she had not much clothes on. You could see she was shivering.'
 
I absolutely agree. We can’t say yet what happened in this case, but in general the majority of parents who have children removed get to the point of having them removed (and don’t relinquish them) for exactly that reason - they still want to care for them, but for a number of reasons simply aren’t able to consistently meet their actual needs. Often the parents struggle to fully see that. There are very few parents who don’t fight to keep their children, whether they have physically hurt them, neglected them or ended up in a domestic abuse situation that endangers them. Commonly, they struggle to care for themselves as well and may not understand the nuance of a child’s emotional needs alongside the basic food/warmth. That understanding of emotional needs might be mentioned in this trial, we’ll have to see. But, for example, how long (if at all) was baby Victoria in a Lidl bag while alive and why (if she was) not understand a baby needs closeness and a safe environment to meet their needs? Could she not have been carried in a sling beneath a coat instead, even if trying to conceal her? Prams are often designed to be parent facing for young babies because the focus is on looking at their face and talking to them - which is key for emotional growth. (Not that the way it’s facing matters hugely, but we design them that way because we know that’s what’s important for that age group at that time.) What were they doing for Victoria’s emotional development? Were they singing nursery rhymes, chatting to her etc? Did they have time to do those things if they were constantly travelling and trying to find food/keep warm? Or was she mostly kept as quiet as possible and essentially ignored so as to not draw attention to her? There’s a big difference between a parent loving their child and actually providing a stable home where they can develop healthily.
We do know that CM and MG had voluntarily relinquished a previous child though.

"The couple had also previously abandoned another baby in hospital shortly after Marten gave birth, jurors were told."

Constance Marten told police baby died when she fell asleep with her
 
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