Constance Marten and her partner Mark Gordon deny gross negligence manslaughter of their fifth child Victoria, whose body was found in a rubbish-filled bag-for-life
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“However Francis Fitzgibbon KC, for Ms Marten, insisted what happened was “no crime but a terrible, tragic accident”.
He told the jury the infant died at just over two weeks old within a day or two of them pitching their tent in Sussex, after the “stressed and exhausted” mother fell asleep after breastfeeding.
He said it was “something that can happen anywhere when an exhausted breastfeeding mother may fall asleep on her newborn baby”.
“And then, consumed by grief and still wishing to avoid the world, her existence was reduced to scavenging for food and living in appalling conditions and she was unwilling to let go of the remains of the baby girl,” he added.
John Femi-Ola KC, for Mr Gordon, told the jury that “co-sleeping is not a crime” and disputed that the child was ever carried in a bag-for-life while she was alive.
He said: “It’s Mark Gordon’s case that Victoria was well cared for, well-loved and kept warm close to her mother. The fact that when she was found she was in a so-called onesie is not conclusive that is the only item of clothing she had.
“It is disputed that Victoria was ever carried in a bag-for-life whilst she was living. Carrying her in such a way after she had passed is altogether a different matter and it will be for you to decide whether there is some form of grieving reaction.
“You will need to consider their shock and grief after her death. They neglected themselves for weeks thereafter, but this is not an indication of how they cared for their child.”
