GUILTY UK - Constance Marten & Mark Gordon charged in death of baby Victoria, Guilty on counts 1 & 5, 2025 retrial on manslaughter, 5 Jan 2023 #9

How do you know there is a ‘catalogue’ of concerns or are you making the assumption that SS are Always right?

SS don't have the power to remove children. The courts do. When the SS makes a recommendation to the judge they have to present evidence. It's not just their opinion. They have to present a parenting assessment done by someone else, if there had been DA police reports. If there is substance misuse lab reports. Reports from the school or nursery, etc

In this case we only know the tip of the iceberg and even that it's sufficient.

JMO MOO
 
Victoria died on the second night in the tent.
They bought the tent in London on 7th January.
They arrived in Newhaven around 5am on the 8th.
Victoria died on the 9th or 10th, when she was 16 or 17 days old.
CM went to the petrol station at around 6.30am on the 12th.
They were arrested on 27th February. The date 51 days before that is 7th January. So CM was breastfeeding for three of those days.
We don’t know what she was doing.
 
The prosecution has claimed Victoria was likely to have died from hypothermia in cold conditions in the tent or was smothered.

Gordon denied it, telling jurors that at the time they were in a state of "crisis" and had exercised "parental judgment".

"It may not be ideal. If the baby was left outside in cold conditions then that would be a no-brainer," he said.









BBM a huge understatement - IMO of course
He is such an idiot!
 
How do you know there is a ‘catalogue’ of concerns or are you making the assumption that SS are Always right?
I am very suspicious and distrusting of SS … what has been presented in terms of accommodation, and their behavior & “choices” in terms of childcare is enough “catalogue” for me.

No one has mentioned the bottles of urine lately ….
 
@Megnut

Arrest​

The couple were found and arrested in Hollingbury, Brighton, on 27 February 2023. They refused to respond to repeated questioning concerning the location of their missing child.

On 1 March, their dead baby was discovered. It is believed she died weeks earlier on 9 January but the cause of death could not be ascertained. It was disclosed on 3 March that the child had been wrapped in a plastic bag and hidden inside a shed on an allotment near to where the couple were arrested.


February 27

The couple were finally tracked down and arrested after two months on the run - but with no sign of the baby.

The pair were located by officers from Sussex Police in Stanmer Villas, a quiet road just north of Brighton city centre, on Monday night after a member of the public reported seeing them shortly before 9.30pm.

So far, Marten and Gordon, 48, have not cooperated with police or told them what has happened to the baby. Police are scouring the local area to find the newborn.

Ms Marten's father Napier Marten said: "It is an immense relief to know my beloved daughter Constance has been found, tempered by the very alarming news her baby has yet to be found.

"For whatever reasons she and her partner went on the run, the consequences of their actions have increased many fold. It would have been far better if they had handed themselves in earlier."

The couple was being held in a street in Brighton while officers search a "vast" area of woodland and allotments in the town.

A pair of pink earmuffs have been found at Roedale Valley Allotments as police desperately try to find a trace of the missing infant. Temperatures plunged to -1C overnight.

"It is a vast area. We are looking at the local vicinity to where the couple were arrested last night," the Met's Det Sup Lewis Basford said.

 
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The decision to place the children for adoption was made by a Judge in the Family court' not SS. I am sure the Judge wouldnt remove 4 children due to one incident of DV ? There must have been evidence produced by SS and others to prove that the children were not safe
The judges decision was made on the evidence put forward by SS. I did say in my post that the agreed facts probably would not include anything prejudicial about the defendants.
 
More footage showed Police Constable Matthew Colburn repeatedly asking where the child is and whether the baby is alive.

Gordon asked the officers for food and drink, saying he is "really thirsty".

The court also heard that Gordon was given chicken slices, ginger beer and crisps while detained by officers.

When Gordon asked for mayonnaise to go with his chicken, the officer replied: “We are not going to make you a sandwich, we need to work out where your child is, mate.”

 
The judges decision was made on the evidence put forward by SS. I did say in my post that the agreed facts probably would not include anything prejudicial about the defendants.
What's outside the agreed facts may be heavily contested - the words "stolen by the state" were used by one witness - and no assumptions should be made about it if there's no evidence about it. Also both prosecution and defence are allowed to comment in their closing speeches on the absence of certain witnesses. ("You have not heard from X. You may suspect, on the basis of what you have heard from other witnesses, that...")

Another thing I hope MG's partner does in her closing speech (or her counsel does if she's represented), and that I hope MG did in his, is to explain why they did not consent to cross-examination.

She is also allowed to comment in her closing speech on the prosecution's opening speech, in which the prosecutor "You must, and this is important, therefore proceed in this trial on the basis that those four children were taken into care from these defendants lawfully and properly. If any attempt is made by the defendants in this trial to suggest anything to the contrary then that is something that you must and should ignore".

"Important" may be interpretable as "important to the crown's case". To what extent does the crown's case rest on the notion that the forced adoption of four older children was "proper", and on ignoring (the word used by the CPS barrister) any evidence to the contrary - in other words, any evidence that suggests it was not proper? The answer is surely that it rests on that notion to a quite considerable extent, given that the word "important" was used. "Proper" is different from "lawful", as the CPS speech acknowledged.
 
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SS don't have the power to remove children. The courts do. When the SS makes a recommendation to the judge they have to present evidence. It's not just their opinion. They have to present a parenting assessment done by someone else, if there had been DA police reports. If there is substance misuse lab reports. Reports from the school or nursery, etc

In this case we only know the tip of the iceberg and even that it's sufficient.

JMO MOO

Absolutely this! I get so frustrated when SS are held solely responsible for removals. The judge makes that decision as you say.

There is a whole pack of evidence from other professionals, services and independent sources not just the report from SS. It's also worth noting that SS considers all options and has to detail the reasons why the other options (eg. ongoing child protection plan, supervision order, temporary foster care) are not being recommended to the judge. Ultimately the judge can go against SS recommendation, removal is always the last resort. MOO

IMO there was a whole load of concerns regarding the parenting of the other children to warrant removal of multiple children.
 
CM continues to be represented by her barrister Tom Godfrey (originally the junior to Francis FitzGibbon), who is making his closing speech in her defence.


"In a closing speech on Wednesday, Marten’s barrister, Tom Godfrey, said: “The persistent attempts to tarnish the defendants’ names have been relentless and dogged. It really boils down to what happened in that tent.”

He rejected the prosecution case that Victoria died from hypothermia or was smothered, saying it was a “tragic accident” and no-one can be sure how she died."

"Mr Godfrey told jurors: “Why do they flee and hide as they did? The prosecution seem to be saying it was because they cared not a jot for Victoria and they focused on their selfish needs? Can that be right?

“You may think their greatest fear was they would lose her. Constance Marten feared the baby would be taken from her so they fled." "

" “Did they behave sensibly and rationally? They could have sought assistance from police, explained their predicament.

“We can all criticise decisions, and there are many decisions by Constance Marten that are open to criticism.

“This case is not about what could have been done differently.” "
 
In a closing speech on Wednesday, Marten’s barrister, Tom Godfrey, said: ...........

This case is not about what could have been done differently.”

He rejected any suggestion the defendants had made a “nefarious pact” not to answer questions, having each cut short their evidence before they could be cross-examined.

Mr Godfrey suggested Gordon’s decision was sparked by the jurors being told about his 1989 rape conviction in the United States, and two assaults on police officers at a maternity unit in 2017, where Marten gave birth to their first child.

He said: “Why did you hear about those matters? Because Mark Gordon sought to mislead you about his character by telling you he had empathy and respect for the law.

We say these convictions, and ones from Wales from 2017, are of no assistance whatsoever in determining how baby Victoria died.

We ask you to ignore them, as with a lot of smoke and mirrors put up, and focus on the issue in this case. How did baby Victoria die? That is what this case is about.



more at the link ...........





The BIBs are mine. I know barristers have to do the best for their client, but really ?
 
In a closing speech on Wednesday, Marten’s barrister, Tom Godfrey, said: ...........

This case is not about what could have been done differently.”

He rejected any suggestion the defendants had made a “nefarious pact” not to answer questions, having each cut short their evidence before they could be cross-examined.

Mr Godfrey suggested Gordon’s decision was sparked by the jurors being told about his 1989 rape conviction in the United States, and two assaults on police officers at a maternity unit in 2017, where Marten gave birth to their first child.

He said: “Why did you hear about those matters? Because Mark Gordon sought to mislead you about his character by telling you he had empathy and respect for the law.

We say these convictions, and ones from Wales from 2017, are of no assistance whatsoever in determining how baby Victoria died.

We ask you to ignore them, as with a lot of smoke and mirrors put up, and focus on the issue in this case. How did baby Victoria die? That is what this case is about.



more at the link ...........





The BIBs are mine. I know barristers have to do the best for their client, but really ?
What is the logical chain of argument that works to the contrary of what CM's defence counsel is saying about the relevance of MG's convictions in the USA?

Is it

"MG was convicted of raping a woman when he was 14 in 1989, so this makes his wife more likely to be guilty of the gross negligence manslaughter of their baby in 2023?"

?
 
Absolutely this! I get so frustrated when SS are held solely responsible for removals. The judge makes that decision as you say.

There is a whole pack of evidence from other professionals, services and independent sources not just the report from SS. It's also worth noting that SS considers all options and has to detail the reasons why the other options (eg. ongoing child protection plan, supervision order, temporary foster care) are not being recommended to the judge. Ultimately the judge can go against SS recommendation, removal is always the last resort. MOO

IMO there was a whole load of concerns regarding the parenting of the other children to warrant removal of multiple children.
CM & MG could have / should have had legal representation during the “child removal” process … guessing Mark G brought his Magna Carta.
 
In a closing speech on Wednesday, Marten’s barrister, Tom Godfrey, said: ...........

This case is not about what could have been done differently.”

He rejected any suggestion the defendants had made a “nefarious pact” not to answer questions, having each cut short their evidence before they could be cross-examined.

Mr Godfrey suggested Gordon’s decision was sparked by the jurors being told about his 1989 rape conviction in the United States, and two assaults on police officers at a maternity unit in 2017, where Marten gave birth to their first child.

He said: “Why did you hear about those matters? Because Mark Gordon sought to mislead you about his character by telling you he had empathy and respect for the law.

We say these convictions, and ones from Wales from 2017, are of no assistance whatsoever in determining how baby Victoria died.

We ask you to ignore them, as with a lot of smoke and mirrors put up, and focus on the issue in this case. How did baby Victoria die? That is what this case is about.



more at the link ...........





The BIBs are mine. I know barristers have to do the best for their client, but really ?
I thought the evidence about MG prior crimes was not given until after he had refused cross examination?
 
CM continues to be represented by her barrister Tom Godfrey (originally the junior to Francis FitzGibbon), who is making his closing speech in her defence.

The barrister only explains MGs decision not to be cross examined. He gives no reason for his client CM refusing cross examination though?
 
What is the logical chain of argument that works to the contrary of what CM's defence counsel is saying about the relevance of MG's convictions in the USA?

Is it

"MG was convicted of raping a woman when he was 14 in 1989, so this makes his wife more likely to be guilty of the gross negligence manslaughter of their baby in 2023?"

?
I dont understand why he is talking about MG at all. He is not his client. He tells us why MG refused cross examination but not why CM did. Very strange
 

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