The child’s death is a ‘tragic accident’, Marten Retrial told

Constance Marten’s lawyer has said that his newborn was a “tragic accident” that was due to his “sleeping and compromising his child’s breathing”.

In his early speech for the jury during a retrick in Old Belly, Francis Fitzgibon Casey stated that Marten was “sorrowful to consumed” and “less for manual scavenging for food”.

Marten, 37, and Mark Gordon, 50, denies gross negligence and allow their child to perform or allow.

Last year, he was found guilty of hiding the birth of a child and completing the curriculum of justice.

In March 2023, his child’s remains were found in a bag in a shed in a bright suburb.

John Gordon’s barrister John Fame-Ola Casey told The Jury in his initial statement that Baby Victoria was “well looked at well, was well loved, and was kept warm and close to her mother”, and said that it was disputed that her child was ever taken into a bag for life, while she was living “.

Mr. Fitzgibon Casey said that the child was born in a rented hut in Kumbia on 2022 on the eve of Christmas.

He said that the couple went on the run because they did not want their child to be taken from them because they had the last four children.

He said, “They were temporarily hidden, while deciding to avoid unwanted attention to what to do”.

“Ms. Marten,” he said, “tired, slept over his baby after breastfeeding … and the result was that the child could not breathe and died”.

He said: “What happened was not a crime, but a terrible tragic accident.”

The jury has been told that the pathologist said that the cause of death was not yet known.

For the prosecution, Tom Little Casey first told the court that the couple was “warned that it was unfair to stay in a tent without access to proper heat”.

He told the gamblers that the conditions in which the defendants were living were “completely careless” and dangerous.

He said, “What happened to the south, was done in the teeth of warning by social workers and courts,” he said, “and at one time when the defendants knew that their other children – four of them – were removed from their care”.

The jury was also told that Marten was earlier warned by social activists about the risks of living in a tent with a newborn baby.

Giving evidence in Old Bailey, a social worker who contacted Marten and Gordon when his first child was born, said that his case was “very memorable”.

She told the gamblers that on one occasion she moved into a tent with Marten, where she and Gordon were living while getting pregnant.

Marten gave birth to the first children of the couple. Asked how the tent was, the witness said: “This was what I would describe as a tent of a festival, very small, green in color … bending to the top.”

Mr. Fitzgibon asked the social worker if Marten had said that she intends to stay in the tent with the child.

“No, she did not say so, because she felt that she could claim social housing,” the social worker replied.

The social worker was shown notes from the local authority computer system which he made at that time.

It is a record that Marten was “on the first name terms with his bank manager” and said that her trust fund was stopped and she had no money that she could access.

Marten and Gordon have denied another allegation of or allowing or allowing a child between 4 January and 27 February 2023.

The test is underway.