There has been a delay to aristocrat Constance Marten giving evidence in her trial over the death of her baby girl after the court heard she complained of suffering from a headache and toothache.
Marten, 37, and Mark Gordon, 50, are charged with the manslaughter of their daughter Victoria who died after they went off-grid in early 2023.
The Old Bailey was told the couple had gone to the south coast to avoid their fifth child being taken into care amid a high-profile police hunt for the missing baby.
It is alleged Victoria was inadequately clothed in a babygrow and that Marten had got wet as she carried the baby underneath her coat.
The prosecution alleges Victoria died from hypothermia or was smothered while co-sleeping in the “flimsy” tent on the South Downs, despite past warnings.
The child’s body was discovered with rubbish inside a shopping bag in a disused shed near Brighton after the defendants were arrested on February 27 2023.
Marten had been due to start her evidence on Tuesday afternoon but the hearing was adjourned after the court heard she was suffering from a headache and toothache.
Addressing Marten’s barrister, Francis FitzGibbon KC, Judge Mark Lucraft KC said: “Just before the jury came into court you indicated to me two things – first of all that Ms Marten is going to be giving evidence and that she is not feeling 100% at the moment.
“She is complaining of a headache and toothache.
“I have said that we will start her evidence tomorrow morning.”
“I have not seen anything medical but I have made it clear to you I’m hoping she will be able to see somebody,” the judge added.
Mr FitzGibbon said: “I am very grateful to the court for allowing her the time to get herself into a state where she will be fit (to give evidence).”
Addressing jurors before dismissing them for the day, Judge Lucraft said: “I’m sure you can understand, those people who might have had toothache there is probably nothing worse than toothache.”
Earlier on Tuesday, the court heard Gordon would not be giving evidence.
John Femi-Ola KC, defending, said: “I do not propose to call Mr Gordon.”
Jurors heard evidence from consultant in paediatric and perinatal pathology, Dr Srinivas Rao Annavarapu, who was asked to estimate when baby Victoria was born based on the placenta that was found in the defendants’ car on January 5 2023.
The consultant said he believes it is more likely the baby was closer to two to three weeks old rather than one to two days old at the time the placenta was found, based on its condition.
Marten and Gordon, of no fixed address, have denied the gross negligence manslaughter of their daughter and causing or allowing her death between January 4 and February 27 2023.
Jurors have been told the defendants were convicted at an earlier trial of concealing the birth of a child and perverting the course of justice.
The trial continues.