GUILTY UK - Constance Marten & Mark Gordon charged in death of baby Victoria, Guilty on counts 1 & 5, 2025 retrial on manslaughter, 5 Jan 2023 #8

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  • #981
"Mr Gordon will submit the questions he wishes to ask during the trial in written form to the judge".

How is that going to work in practice?

Usually a barrister asks the witness a question - fine, he can have written that down, but then the barrister asks subsequent questions immediately, depending on what the witness has said. in and ongoing to and fro. So will MG be scribbling questions for the usher to carry from one end of the court to the other, for the judge to read (having presumably had time to assess whether all of MG's subsequent Q's are legally allowed to be asked, which, potentially, they might not be?
 
  • #982
They will need a relay team of court ushers.
 
  • #983
"Mr Gordon will submit the questions he wishes to ask during the trial in written form to the judge".

How is that going to work in practice?

Usually a barrister asks the witness a question - fine, he can have written that down, but then the barrister asks subsequent questions immediately, depending on what the witness has said. in and ongoing to and fro. So will MG be scribbling questions for the usher to carry from one end of the court to the other, for the judge to read (having presumably had time to assess whether all of MG's subsequent Q's are legally allowed to be asked, which, potentially, they might not be?
And when the witness has answered a question and the defendant wishes to ask them a followup, the court has to wait for him to write it down?

I've never heard of this before. I wonder what the problem is.

As for the self-representation, we know two things here. The first is that the existing KC and junior have withdrawn. The second is that MG has chosen to represent himself. The second implies the first but it's not necessarily the reason for the first.

The main reasons I have experienced for withdrawal are as follows:

1) the defendant wishes to say in court something that they are perfectly allowed to say when representing themselves but a barrister isn't allowed to say on their behalf, such as

1a) that the crown offered a plea bargain (contrary to what many say, this happens a lot in England, especially when there are multiple indictments) or

1b) that a jury can nullify even against a judge's instructions;

2) the barrister has got right up the defendant's nose;

3) continuing to represent on a not guilty plea would compromise the barrister professionally, which usually means the defendant has privately admitted committing the offence.

Note that MG is now entitled to ask CM questions. As far as I am aware, she hasn't been discharged and is still in the witness box.

Edit
Has the crown finished cross-examining CM? Indeed did they cross-examine her at all? The normal order is for the crown to cross-examine before a co-defendant does.
 
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  • #984
Mark Gordon is now representing himself, it seems

Mark Gordon to represent himself in retrial over death of baby with Constance Marten

"Jurors at the Old Bailey were told on Tuesday that Mark Gordon’s previous barrister John Femi-Ola KC and his junior Jodie-Jane Hitchcock had “withdrawn” from the case and that the defendant has chosen to represent himself.

Mr Gordon will submit the questions he wishes to ask during the trial in written form to the judge"
The judge's choice of language sounds more like the barristers have sacked Gordon, rather than Gordon sacking his barristers.
 
  • #985
And when the witness has answered a question and the defendant wishes to ask them a followup, the court has to wait for him to write it down?

I've never heard of this before. I wonder what the problem is.

As for the self-representation, we know two things here. The first is that the existing KC and junior have withdrawn. The second is that MG has chosen to represent himself. The second implies the first but it's not necessarily the reason for the first.

The main reasons I have experienced for withdrawal are as follows:

1) the defendant wishes to say in court something that they are perfectly allowed to say when representing themselves but a barrister isn't allowed to say on their behalf, such as

1a) that the crown offered a plea bargain (contrary to what many say, this happens a lot in England, especially when there are multiple indictments) or

1b) that a jury can nullify even against a judge's instructions;

2) the barrister has got right up the defendant's nose;

3) continuing to represent on a not guilty plea would compromise the barrister professionally, which usually means the defendant has privately admitted committing the offence.

Note that MG is now entitled to ask CM questions. As far as I am aware, she hasn't been discharged and is still in the witness box.

Edit
Has the crown finished cross-examining CM? Indeed did they cross-examine her at all? The normal order is for the crown to cross-examine before a co-defendant does.
On Friday, Marten was still giving evidence in her own defence, so I don't think we've got to the cross-examination stage yet.

 
  • #986
On Friday, Marten was still giving evidence in her own defence, so I don't think we've got to the cross-examination stage yet.

The next stage seems to be that MG will cross-examine. I think the judge may have some say over whether it's the crown or co-defendant who cross-examines first, even if usually when the witness is a defendant it's the crown. But it wouldn't surprise me if the crown are choosing not to cross-examine CM. The CPS will have assessed how well or badly they did in that department last time.

She has finished giving her evidence-in-chief, to judge by this report from the BBC:

"the jury were told last Friday that the next stage was for Gordon's lawyers to ask her some questions."

 
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  • #987
From the BBC article posted above.

Marten has been giving evidence at her retrial at the Old Bailey in London, and the jury were told last Friday that the next stage was for Gordon's lawyers to ask her some questions.

So has this been done by Gordon to prevent certain questions being asked ?
 
  • #988
From the BBC article posted above.

Marten has been giving evidence at her retrial at the Old Bailey in London, and the jury were told last Friday that the next stage was for Gordon's lawyers to ask her some questions.

So has this been done by Gordon to prevent certain questions being asked ?
Counsel can't ask a question if their client tells them not to.

Interestingly if a defendant represents themselves they can usually give their own evidence-in-chief by simply speaking from the witness box. (And then they can be cross-examined in the usual way.)
 
  • #989
Counsel can't ask a question if their client tells them not to.

Interestingly if a defendant represents themselves they can usually give their own evidence-in-chief by simply speaking from the witness box. (And then they can be cross-examined in the usual way.)
Last time around, Gordon didn't give evidence in his own defence, so it'll be interesting to see if that changes this time.
 
  • #990
Mark Gordon is now representing himself, it seems

Mark Gordon to represent himself in retrial over death of baby with Constance Marten

"Jurors at the Old Bailey were told on Tuesday that Mark Gordon’s previous barrister John Femi-Ola KC and his junior Jodie-Jane Hitchcock had “withdrawn” from the case and that the defendant has chosen to represent himself.

Mr Gordon will submit the questions he wishes to ask during the trial in written form to the judge"

Wow that's a serious thing for a firm to withdraw from representing someone and it has to be on extremely serious grounds that need to be explained to the judge.

Obv MG is funded by the public purse so the issue is not related to payment.
 
  • #991
Are they allowed to do that though? It seems an appallingly poor choice for MG to represent himself, although making appallingly poor choices does seem to be his MO in general, so...

The judge's choice of language sounds more like the barristers have sacked Gordon, rather than Gordon sacking his barristers
 
  • #992
Are they allowed to do that though? It seems an appallingly poor choice for MG to represent himself, although making appallingly poor choices does seem to be his MO in general, so...

They are allowed if for example they can prove their client is intentionally trying use them to deceive or mislead the court.
 
  • #993
They are allowed if for example they can prove their client is intentionally trying use them to deceive or mislead the court.
OK, so as you said then, this must have been a pretty serious thing.
 
  • #994
And when the witness has answered a question and the defendant wishes to ask them a followup, the court has to wait for him to write it down?

I've never heard of this before. I wonder what the problem is.

As for the self-representation, we know two things here. The first is that the existing KC and junior have withdrawn. The second is that MG has chosen to represent himself. The second implies the first but it's not necessarily the reason for the first.

The main reasons I have experienced for withdrawal are as follows:

1) the defendant wishes to say in court something that they are perfectly allowed to say when representing themselves but a barrister isn't allowed to say on their behalf, such as

1a) that the crown offered a plea bargain (contrary to what many say, this happens a lot in England, especially when there are multiple indictments) or

1b) that a jury can nullify even against a judge's instructions;

2) the barrister has got right up the defendant's nose;

3) continuing to represent on a not guilty plea would compromise the barrister professionally, which usually means the defendant has privately admitted committing the offence.

Note that MG is now entitled to ask CM questions. As far as I am aware, she hasn't been discharged and is still in the witness box.

Edit
Has the crown finished cross-examining CM? Indeed did they cross-examine her at all? The normal order is for the crown to cross-examine before a co-defendant does.
I asked AI how these factors might apply in the case of a sovereign citizen. I suspect this may be the case:
A defendant identifying as a sovereign citizen could significantly influence the reasons for a KC junior withdrawing and the defendant's subsequent decision to represent themselves. Here's how:
* Defendant Wishing to Say Something Inadmissible for a Barrister:
* 1a) Plea Bargains: A sovereign citizen might believe that the Crown's offer of a plea bargain is evidence of the illegitimacy or fraudulent nature of the legal system. They might want to bring this up in court not just to inform the jury, but as part of their broader argument that the court lacks jurisdiction or authority over them. A barrister, bound by rules of evidence and professional conduct, would be unable to present such arguments if they are legally irrelevant or inadmissible.
* 1b) Jury Nullification: Sovereign citizens often hold beliefs that they are not bound by the laws of the state and that juries have a right (and perhaps a duty) to disregard laws they believe are unjust. A sovereign citizen defendant might explicitly try to persuade the jury to nullify based on these beliefs, regardless of the judge's instructions. A barrister could never ethically or legally advocate for jury nullification.
The fundamental clash here is between the sovereign citizen's belief system, which often rejects the legitimacy of the state and its laws, and the barrister's duty to operate within that legal framework. The barrister would likely find the defendant's desired lines of argument to be legally nonsensical, potentially harmful to their case within the established legal system, and professionally unethical to pursue.
* Barrister Getting "Right Up the Defendant's Nose":
* This is highly probable with a sovereign citizen client. Their core beliefs often involve distrust and rejection of legal professionals, whom they might see as agents of an illegitimate system. They are likely to be highly resistant to a barrister's advice, legal strategies, and understanding of the law. The barrister, in turn, would likely find the client's beliefs and proposed "legal" arguments to be baseless and frustrating. This fundamental incompatibility in worldview and approach would make a working relationship extremely difficult, if not impossible, leading to the barrister's likely desire to withdraw.
* Continuing to Represent Compromising the Barrister Professionally (Defendant's Confession):
* This becomes even more complex with a sovereign citizen. Even if the defendant confesses to the barrister in private, their understanding of "guilt" and the legitimacy of the charges might be so fundamentally different from the legal definition that it wouldn't necessarily trigger the same ethical obligations for the barrister in the traditional sense.
* However, if the sovereign citizen insists on presenting a defense based on demonstrably false factual claims (even if rooted in their belief system), the barrister would still be professionally compromised by actively participating in such a presentation. The barrister's duty is to the court as well as to the client, and they cannot knowingly mislead the court.
* Furthermore, a sovereign citizen might demand that the barrister present pseudolegal arguments or engage in disruptive courtroom tactics that are completely unacceptable and professionally damaging for the barrister.
In conclusion, the fact that the defendant is a sovereign citizen significantly increases the likelihood of all three reasons for withdrawal being relevant. Their rejection of the legal system's legitimacy, their desire to voice legally unsound arguments, and the high probability of a breakdown in the client-barrister relationship due to irreconcilable differences in worldview make it very challenging for a barrister to ethically and effectively represent them. The barrister would likely conclude that continuing representation is professionally untenable. The defendant, in turn, might see self-representation as the only way to voice their "truth" and challenge a system they believe is illegitimate.
 
  • #995
Wow that's a serious thing for a firm to withdraw from representing someone and it has to be on extremely serious grounds that need to be explained to the judge.

Obv MG is funded by the public purse so the issue is not related to payment.
Barristers representing defendants in criminal trials are almost always self-employed.

I don't know whether this is relevant, but there have been no reports that MG has sacked or been sacked by his solicitor.

This is total speculation, but what would fit the reported facts is that the defendants are trying to find a way for CM to bring something up that the judge has ruled inadmissible or that all barristers know that he would rule inadmissible and therefore they can't have any hand in facilitating the bringing up of. (A barrister is not an officer of the court, but they have to follow strict rules and a judge can still report them to the Bar Standards Board.) It wouldn't surprise me if MG asks (or tries to ask) a question that effectively pats the ball into CM's court so that she can hit it where she wants, a question such as "Can you explain the full reasons why you did X?", where X is something she said in her evidence that she did. (JMO etc.)

An open question is whether the reasons for the departure of MG's counsel overlap at all with the reasons for the departure of several of CM's previous counsel.
 
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  • #996
Barristers representing defendants in criminal trials are almost always self-employed.

I don't know whether this is relevant, but there have been no reports that MG has sacked or been sacked by his solicitor.

This is total speculation, but what would fit the reported facts is that the defendants are trying to find a way for CM to bring something up that the judge has ruled inadmissible or that all barristers know that he would rule inadmissible and therefore they can't have any hand in facilitating the bringing up of. (A barrister is not an officer of the court, but they have to follow strict rules and a judge can still report them to the Bar Standards Board.) It wouldn't surprise me if MG asks (or tries to ask) a question that effectively pats the ball into CM's court so that she can hit it where she wants, a question such as "Can you explain the full reasons why you did X?", where X is something she said in her evidence that she did. (JMO etc.)

An open question is whether the reasons for the departure of MG's counsel overlap at all with the reasons for the departure of several of CM's previous counsel.
Hence MG having to submit his questions in writing to judge, to perhaps try and avoid such a scenario.

How normal is it for defendants representing themselves to have to submit their questions in writing?
 
  • #997
Whatever leeway they might have that Barristers do not I would be surprised if litigants in person were any more immune from the possibility of being in Contempt of Court if they raise issues or material or behave in ways that are judged to be in contempt.
 
  • #998
Hence MG having to submit his questions in writing to judge, to perhaps try and avoid such a scenario.

How normal is it for defendants representing themselves to have to submit their questions in writing?
It only usually happens when a defendant is cross-examining a prosecution witness in a sexual offence case (such as the person they are accused of raping) or when a witness is otherwise considered vulnerable.
 
  • #999
It only usually happens when a defendant is cross-examining a prosecution witness in a sexual offence case (such as the person they are accused of raping) or when a witness is otherwise considered vulnerable.
Could it be to avoid him causing a scandal and/or being in contempt of court? Not because (or not just because) CM is vulnerable.
 
  • #1,000
Could it be to avoid him causing a scandal and/or being in contempt of court? Not because (or not just because) CM is vulnerable.
It could be. I doubt it's anything to do with supposed vulnerability of this witness.

There is a big grey area. Nobody is allowed to be in contempt of court, but there are questions that a defendant can ask in cross-examination which aren't anything like ones that a barrister would ask but which nonetheless would be unlikely to come up against an inadmissibility ruling that would withstand appeal. E.g. something like "Can you explain the full reasons why you did X?" No cross-examining barrister would ever ask a question like that. It breaks the (unofficial) "Don't ask questions you don't know the answer to" rule. But would a judge say no, no, I'm not letting you ask that question??
 
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