A heartbreaking case reached a critical legal milestone today. Constance Marten and Mark Gordon have been found guilty of gross negligence manslaughter in connection with the death of their newborn daughter, Victoria. The verdict concludes a lengthy and often tumultuous retrial at the Old Bailey.
This outcome follows more than two years after Baby Victoria’s body was tragically discovered. Her remains were found inside a shopping bag in Brighton. The couple’s actions, including their decision to go on the run with the infant, have drawn widespread condemnation and scrutiny.
Couple Convicted After Tragic Manhunt
Constance Marten, 38, and Mark Gordon, 51, faced serious charges stemming from the events surrounding their daughter’s brief life and untimely death. The jury delivered its unanimous verdict on Monday. This marks a significant moment in a case that began with a nationwide search.
Authorities launched a massive manhunt for the couple and their baby in early 2023. This followed the discovery of a burnt-out car near Bolton. Evidence in the vehicle suggested a recent birth had occurred. The subsequent search captured national attention.
The couple managed to evade police for over seven weeks. They reportedly traveled extensively across England. They used taxis, funded partly by Marten’s family trust. Their goal was to avoid authorities.
Gross Negligence Manslaughter Verdict Explained
The gross negligence manslaughter conviction is particularly significant. It means the jury determined the couple’s behavior was exceptionally poor. Their conduct fell far below the expected standard for reasonable parents. The prosecution successfully argued their actions were deliberate.
Prosecutors contended Marten and Gordon made a conscious choice not to ensure Victoria’s safety. Their decision to live “off-grid” with a vulnerable infant in harsh winter conditions proved fatal. This was not merely an accident, the prosecution asserted, but a direct result of their negligence.
An earlier trial had already found the couple guilty of other serious offences. These included concealing the birth of a child. They were also convicted of perverting the course of justice by not reporting her death. Crucially, that trial also found them guilty of child cruelty. Reporting restrictions had prevented disclosure of the child cruelty conviction until now.
The Prosecution’s Central Case
Central to the prosecution’s argument in the retrial were the circumstances of Baby Victoria’s death. Evidence suggested she died in a small, thin tent. This occurred during cold, damp, and windy conditions in January 2023. Prosecutors proposed two likely causes of death.
One possibility was hypothermia. A newborn is highly susceptible to cold, especially with inadequate clothing and shelter. The court heard Victoria was likely dressed in only a babygrow. Expert evidence supported the risk posed by the tent conditions.
The second possibility was suffocation or smothering. This could have occurred while co-sleeping in cramped conditions inside the tent. Marten herself testified she fell asleep with the baby zipped inside her coat for warmth. She stated she awoke to find Victoria unresponsive. While Marten felt responsible, assuming she had fallen asleep on the baby, the prosecution maintained the dangerous sleeping environment was a result of the parents’ choices.
Living “Off-Grid” to Avoid Authorities
The couple’s decision to go on the run was reportedly driven by a desire to keep Victoria. They wanted to prevent her from being taken into care. Their four older children had previously been removed by social services. Family court documents, released after a legal challenge, reveal a chaotic history with authorities.
This history included refusing standard healthcare for previous pregnancies and newborns. There were also instances of missed contact visits with children in care. One judge found Gordon likely caused Marten to fall from a window while pregnant with a previous child. Marten had also fled to Ireland previously to avoid social services involvement.
Despite Marten’s access to a trust fund, enabling them to pay for extensive travel by taxi, they opted for a life outside. They chose living in a tent in the South Downs over seeking help or providing proper care. Prosecutors highlighted the irony of spending thousands on taxis while failing to adequately clothe and shelter their baby. Social workers had previously warned Marten about the dangers of tent living and co-sleeping with a baby.
Reaction in Court and Plans for Appeal
Both Marten and Gordon were present in court for the verdict. Their reaction to the unanimous findings was notable. The couple reportedly refused to stand as the jury delivered its decision.
Marten shook her head and sighed. Gordon sat with his eyes closed, leaning back against the wall. Following the verdicts, Gordon addressed the judge. He described the process as an “unfair trial.” He also declared his intention to “win on appeal.”
Prosecutors later commented on the couple’s behaviour throughout the trials. They accused them of showing “little remorse for their actions.” They also noted the defendants used “different antics to frustrate and delay court proceedings.” Marten changed legal representation multiple times, reportedly having 14 different lawyers. The judge had previously accused the couple of trying to “sabotage” and “derail” the retrial itself through their conduct.
Discovery and Investigation Details
The prolonged search for the couple ended on 27 February 2023. Police located Marten and Gordon near Brighton. However, they initially refused to disclose their daughter’s whereabouts or condition. The tragic discovery of Baby Victoria’s body came two days later, on 1 March 2023.
Her decomposed remains were found in a shopping bag. The bag was located in a disused shed on an allotment site in the Hollingbury area of Brighton. The bag reportedly also contained rubbish, including a beer can and soiled nappies. Prosecutors noted the same Lidl bag had likely been used to carry the baby before her death and then her body afterwards, treated “as if she was refuse.”
Evidence later suggested Victoria had died much earlier, in January that year, while they were living in a tent in the South Downs. This timeline aligns with the prosecution’s argument about the harsh conditions leading to her death. The precise date of death could not be definitively established by pathologists due to the body’s condition, but the jury concluded the parents’ actions caused it.
Authorities Speak Out
Following the convictions, police and prosecutors issued strong statements. Detective Superintendent Lewis Basford led the search for the couple. He described Victoria’s death as “completely avoidable.” He emphasized the couple had numerous opportunities to “do the right thing and… ask for help.”
Basford, a father himself, expressed his personal difficulty comprehending their choices. He found it hard to understand how they chose to live outside in freezing conditions. This decision was made “instead of providing the warmth and care their child needed.” He also criticized their attempts to “disrupt and derail not one, but two trials.”
Chief prosecutor Jaswant Narwal hoped the convictions would provide “a sense of justice and comfort to all those affected by this tragic case.” Samantha Yellend, London’s senior crown prosecutor, called it “shocking” that the couple exposed their child to “such obvious risks.” She stated their “reckless actions were driven by a selfish desire to keep their baby no matter the cost.”
Mark Gordon’s Previous Conviction Revealed
Details about Mark Gordon’s past criminal history also emerged during the retrial. It was revealed that he was convicted of rape in Florida in 1989. At the time, he was just 14 years old. He was sentenced to 40 years in prison.
Gordon served 20 years of that sentence. He was then deported back to the UK. This conviction, for legal reasons, was not made known during the first trial. Its disclosure in the retrial provided additional context about his background. A victim had previously described him as a “psychopath”.
Marten, in her testimony, admitted advising Gordon to lie to police. She claimed she feared he would be blamed “being a black guy” and due to his past. This reveals a level of awareness of how his history might impact perception and consequences.
Frequently Asked Questions
What is gross negligence manslaughter and why were Marten and Gordon convicted?
Gross negligence manslaughter is a crime where a death is caused by a defendant’s conduct falling far below the standard expected, to the point of being criminal. The jury found Constance Marten and Mark Gordon’s decision to live in a tent in freezing winter conditions with their newborn, failing to provide adequate care and shelter, was so exceptionally bad and reckless that it caused Baby Victoria’s death, meeting the high legal threshold for this charge.
Where was baby Victoria’s body eventually found?
Baby Victoria’s body was found by police on March 1, 2023. Her decomposed remains were discovered inside a shopping bag. This bag was located in a disused shed on an allotment site in the Hollingbury area of Brighton.
Why did Constance Marten and Mark Gordon go on the run with their baby?
Constance Marten and Mark Gordon went on the run immediately after Baby Victoria’s secret birth. Their primary motivation was to prevent social services from taking Victoria into care, as had happened with their four older children. They actively evaded authorities for weeks, choosing a life off-grid despite the known dangers to their infant.
Upcoming Sentencing
The convictions bring a measure of legal closure to the case, but the tragic loss remains. Constance Marten and Mark Gordon are now awaiting sentencing. The court is expected to deliver their sentences in September. This high-profile case highlights the severe consequences when parental duty of care is criminally neglected, particularly for the most vulnerable infants.
