Inside the painstaking delays and disruption of Constance Marten’s trial | EUROtoday

Two pricey trials beset by painstaking delays, a defendant representing himself who cross examined his personal accomplice from contained in the dock, and the Old Bailey’s most senior choose launching accusations of sabotage – the trials of Constance Marten and Mark Gordon had been like no different.

The case was already a rare one earlier than it even reached the courtroom: an aristocrat who went on the run and and began tenting “off-grid” along with her rapist accomplice and their child in winter 2023 to cease the toddler from being taken into care like their different kids.

A high-profile police seek for the trio adopted, culminating within the stunning discovery of child Victoria’s stays buried beneath garbage in a purchasing bag in an deserted Brighton shed.

But it has taken one other two-and-a-half years for the couple to be dropped at justice – a protracted, chaotic, painful authorized odyssey, fraught with rigidity, disputes and delay – with the pair lastly discovered responsible of gross negligence manslaughter of their fifth baby on Monday.

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The truth {that a} verdict has even been reached might be described as miraculous, not to mention on all expenses. The couple – unwaveringly devoted to 1 one other and fiercely united within the face of years behind bars – had an excessive mistrust of authorities, which put them on a collision course within the courtroom. They had been repeatedly instructed off for talking within the dock and passing notes as they appeared decided to string out their trials for so long as potential.

The first trial, which started in January 2024, endured a string of irritating delays, and ended up lasting six months slightly than the scheduled two earlier than it collapsed. The mother and father had been final 12 months discovered responsible of kid cruelty, perverting the course of justice by concealing the physique and concealing the beginning of a kid, however the jury was discharged after they might not attain a verdict on the manslaughter cost.

Nine months later, in March this 12 months, the six-month retrial started. It was plagued with but extra disruption and once more dramatically overran, whereas continuously showing to be teetering on the sting of collapse.

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When Marten blurted out to the jury particulars of Gordon’s violent rape conviction, the prosecution later questioned whether or not the slip was an try to intentionally sabotage the proceedings.

Even the presiding choose, Mark Lucraft KC, at one level claimed the defendants had been making an attempt to “sabotage” or “derail” the proceedings. At one other stage, a clearly exasperated Judge Lucraft, who sits because the Recorder of London, instructed Marten: “I have sat as a full time judge now for thirteen years and I have never had that sort of attitude shown to me by anybody.” He added that two youngsters who had been in his dock earlier that day had been “rather better behaved – and they pleaded guilty to murder”. When Marten refused to see the Crown psychiatrist, he mentioned: “My patience with her has been tried many, many times.”

Days of courtroom time was misplaced as Marten complained of toothache and fatigue from her three-hour journey from the Surrey jail the place she was held. But when the choose organized for her to see a dentist, she refused remedy.

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Both mother and father gave proof in their very own defence however refused to be cross-examined by the prosecution, with Marten branding the crown’s Joel Smith KC as “diabolical” and “heartless” as he requested her whether or not leaving Victoria’s physique in a bag stuffed with garbage was a “despicable thing” to do. Following the tense change, she refused to return to the witness field.

By the time the jury retired to think about their verdict, each Marten and Gordon had allotted with their lead barristers. Marten, who has been by a string of high silks throughout the previous two years, opted to permit her junior counsel to proceed on her behalf, whereas Gordon insisted he would characterize himself for the second half of his retrial, regardless of having obtained in extra of £70,000 value of authorized support within the first trial.

The weird flip of occasions noticed him cross look at his spouse and co-defendant, studying a listing of questions right into a microphone from contained in the dock.

It triggered but extra delays as he argued for additional time to organize at each flip, earlier than he instructed the jury that they had been “dehumanised” and “vilified” in his closing speech.

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The tactic dramatically backfired when he painted a optimistic image of his upbringing, main the prosecution to efficiently apply to introduce so-called “bad character” proof towards him, ensuing within the jury studying the complete particulars of conviction for rape as an adolescent within the US, for which he was jailed for twenty years.

Gordon by no means even gave proof on the first trial, altering his thoughts to take action with out rationalization. However, Marten was within the dock over many days.

Despite starting her testimony with a request for a bathroom break, her proof turned the centrepiece of the primary trial, her account at occasions each believable and heart-rending, on the one hand, and fairly implausible and delusional on the opposite.

Speaking of Marten, within the second trial, the prosecution mentioned that “lies fall from her mouth, we suggest, and have always done, like confetti floating in the wind”.

They accused the couple of “picking and choosing what questions to answer” as they instructed the jury child Victoria “never stood a chance”.

Marten and Gordon will likely be sentenced on a date to be set.