Aristocrat Constance Marten’s evidence at her Old Baileybabymanslaughtertrial has been delayed after she complained of toothache.
The 37-year-old is accused alongside her partner Mark Gordon, 50, of killing baby Victoria when they went on the run in late 2022.
Marten, who hails from an aristocratic family with ties to Royalty, was due to start her evidence in her defence case on Tuesday afternoon.
But Judge Mark Lucraft KC, Recorder of London, accepted a delayed start until Wednesday morning after health issues were raised.
“She is not feeling 100 per cent at the moment”, he told the jury. “It appears she is complaining of a headache and toothache.
“I have said we will start her evidence tomorrow.”
The court heard Marten is expected to be seen by a nurse this afternoon, and the judge added: “Those people who might have had toothache, there’s probably nothing worse than toothache. If you are giving evidence, you want to be in the best position to do so.”
Marten and Gordon are both accused of the manslaughter of their daughter Victoria in early 2023 when they fled from authorities in a bid to stop the baby being taken into care.
The couple, whose four other children had already been taken from them, went “off the grid” in late 2022 when Victoria was either about to be born or had just been delivered.
The tot’s dead body was later found abandoned in a Lidl bag for life, left in a disused shed on the outskirts of Brighton.
Earlier on Tuesday, Gordon decided not to give evidence in his own defence.
His barrister John Femi-Ola KC opened the defence case with the statement: “I do not propose to call Mr Gordon.”
Judge Lucraft confirmed that Gordon has been advised that not giving evidence could be held against him when the jury comes to deliberate on verdicts.
Marten and Gordon both deny charges of gross negligence manslaughter and causing or allowing the death of a child, having been convicted at a first trial of perverting the course of justice and concealing the birth of a child.
Prosecutors say baby Victoria’s death was “entirely avoidable”, and happened when the couple went on the run with few possessions and decided to sleep in a tent on the South Downs.
“A young baby girl who would still be alive if it was not for the reckless and ultimately grossly negligent conduct of these two defendants”, said prosecutor Tom Little KC.
“They put their relationship and their views of life before the life of a little baby girl.
“Rather than act in the obvious best interests of a vulnerable baby and one that they should have cared for and looked after, they decided instead that they knew best. They decided to ignore the advice that they had previously been given.
“They decided that in the middle of winter and in obviously dangerous weather conditions they would deprive the baby of what it needed – warmth, shelter, protection and food and ultimately safety.”
Jurors have heard Marten and Gordon took taxis around the country in their bid to evade social services and police, staying in hotels for short periods and using their access to Marten’s family wealth to remain on the move.
They were caught on camera in east London in early January, buying a buggy from Argos and eating in a restaurant in Brick Lane.
It was raining heavily when they walked on to the South Downs, and they were later seen scavenging for food in bins over late January and early February.
After their arrest, the couple initially refused to reveal the location of their baby’s body before eventually opening up.
The court heard Marten’s pregnancy had been hidden from family, friends, healthcare professionals, and social services, and the precise date of Victoria’s birth is known only to the couple.
In his police interview, Gordon told detectives: “A mother’s love for her child is beyond belief.”
He said of Marten: “I don’t believe she has done anything wrong, actually.”
Gordon called an expert to give evidence on the state of a placenta which was found in the couple’s car when they abandoned it on the side of a motorway during the early stages of being on the run.
His defence case lasted less than an hour.
The trial continues.