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Jury discharged in trial of Constance Martin and Mark Gordon

188 replies

DontThinkJustDo · 19/06/2024 12:50

They couldn't agree the verdict. I'm really shocked.

OP posts:
Miyagi99 · 19/06/2024 17:01

FrenchandSaunders · 19/06/2024 16:27

Surely carrying a baby around in a plastic bag amounts to some kind of offence! Neglect?

They and the defence denied that ever happened in court and the prosecution couldn’t prove it (beyond reasonable doubt).

SadAboutSD · 19/06/2024 17:03

Movinghouseatlast · 19/06/2024 16:56

Sadly you can get one juror who just digs their heels in. When I did jury service 2 women on a jury of 12 said the most preposterous things that stopped an obviously guilty person from being convicted. You can't even report them to anyone, it's all secret. Their rationale for a not guilty verdict was nothing to do with the evidence.

The jury was down to 10 on the CM trial, they were allowed a majority verdict and I think there were people on that jury who either didn't understand the evidence or chose to ignore it.

They will probably have more children now and the whole cycle will start again.

Movinghouseatlast, what things re the two jurors? Do you mean things like e.g. 'oh he's got a nice face' or ' well she's got young children' that kind of thing?😐

Hazelville · 19/06/2024 17:03

This reply has been withdrawn

This message has been withdrawn at the poster's request

CastlesOnTheBeach · 19/06/2024 17:06

Quitelikeit · 19/06/2024 15:06

forced sterilisation is so unethical

usually cases where it is warranted will have to go through the court of protection and you will never even get to hear about it

though I think that there was one case made public years ago - it caused quite a stir!

What's more unethical:

Forced sterilisation, or allowing them to produce another baby and let it die outside in freezing temperatures?

SocoBateVira · 19/06/2024 17:12

ALovelyCupOfNameChange · 19/06/2024 16:53

Appalled, sadly doesn’t push you over reasonable doubt. I’d have to be very certain to convict someone of murder, even if my gut told me they’d done it, if the evidence isn’t there to support it. I don’t think i could. SIDs is heartbreaking and maybe easier for them to believe than their actions being the cause.

Yes, I think this is what a lot of people are missing here. The question isn't whether the pair of them were stupid irresponsible twats whose baby would presumably have lived if they'd used an ounce of sense. The question is whether they meet the guilty beyond reasonable doubt test for the offences they were being accused of. The CPS made a decision to go for manslaughter and it's not paid off.

IdisagreeMrHochhauser · 19/06/2024 17:20

They don't seem to have been able to agree on any of the charges though and some of them are more straightforward than manslaughter: causing or allowing the death of a child, concealing the birth of a child, child cruelty and perverting the course of justice.

TheYearOfSmallThings · 19/06/2024 17:25

ALovelyCupOfNameChange · 19/06/2024 16:53

Appalled, sadly doesn’t push you over reasonable doubt. I’d have to be very certain to convict someone of murder, even if my gut told me they’d done it, if the evidence isn’t there to support it. I don’t think i could. SIDs is heartbreaking and maybe easier for them to believe than their actions being the cause.

Yes, just to be clear, I think the prosecution got it wrong here. They didn't prove their case, and I think their proposed sequence of events was quite possibly incorrect, and the jury were not wrong to have doubts.

Movinghouseatlast · 19/06/2024 17:25

SadAboutSD · 19/06/2024 17:03

Movinghouseatlast, what things re the two jurors? Do you mean things like e.g. 'oh he's got a nice face' or ' well she's got young children' that kind of thing?😐

Fancied the barrister, who was too good looking to defend a guilty man apparently. I kid you not.

Sunnysummer24 · 19/06/2024 17:28

ClaudiaWinklepanda · 19/06/2024 13:39

So was the defence that the baby died of SIDS and that the environment the parents had placed her in was not a contributing factor?

Yes, that SIDS is unexplained and can happen to anyone.

SocoBateVira · 19/06/2024 17:29

ByCupidStunt · 19/06/2024 14:36

Still not buying it.

Well, here's the barrister in question.

https://www.trinitychambers.co.uk/barristers/francis-fitzgibbon-k-c/

He can be 'bought' both privately and via legal aid, and she told the court that it was the latter in her case. He's a KC, but with such a high profile case that's not surprising.

Marten told the court, presumably while he was there, that he was being paid for via legal aid rather than her own trust fund. Do you think he just sat there while she told that incredibly easy to disprove lie? The court would only have had to ask for a copy of the legal aid certificate and he, a KC, would've been fucked. It's not plausible that he'd take that level of risk simply to look like he was being paid for through legal aid.

CheltenhamLady · 19/06/2024 17:29

I watched the TV show The Jury. Having served on a jury it was very true to life. It only takes one - misguided, stupid, arrogant (take your pick) juror to sway the verdict.

I am also of the opinion that serving on a jury should be left to those who have a semblance of legal knowledge and critical thinking.

oakleaffy · 19/06/2024 17:33

Orangesandlemons77 · 19/06/2024 16:00

I wonder if there is something we don't know about such as mental health problems which might be mitigating?

I hope mental health isn’t an excuse for severe neglect and callous burial of an infant baby
So sick of mental health given as an excuse for wantonly negligent behaviour .

They were feckless before Victoria was born-
This wasn’t like the poor young woman in Bristol who walked in slippers to her death with her newborn after stopping her meds so she could breast feed .

SocoBateVira · 19/06/2024 17:34

CheltenhamLady · 19/06/2024 17:29

I watched the TV show The Jury. Having served on a jury it was very true to life. It only takes one - misguided, stupid, arrogant (take your pick) juror to sway the verdict.

I am also of the opinion that serving on a jury should be left to those who have a semblance of legal knowledge and critical thinking.

Do you mean like professional jurors? I've always thought that was an interesting idea. Speaking as a member of one of the legal professions, I think it would have to be that way if you wanted legal knowledge, otherwise we'd all have to be on jury service most of the time!

HappierTimesAhead · 19/06/2024 17:35

Movinghouseatlast · 19/06/2024 17:25

Fancied the barrister, who was too good looking to defend a guilty man apparently. I kid you not.

OMFG

beergiggles · 19/06/2024 17:35

I am also of the opinion that serving on a jury should be left to those who have a semblance of legal knowledge and critical thinking
This seems like a good idea . . . but how would it work?
Hard enough as it is to get anyone to give up their time for free, if most of those who were willing then had be be rejected because they're as dumb as rocks, well how would it work?

SocoBateVira · 19/06/2024 17:36

beergiggles · 19/06/2024 17:35

I am also of the opinion that serving on a jury should be left to those who have a semblance of legal knowledge and critical thinking
This seems like a good idea . . . but how would it work?
Hard enough as it is to get anyone to give up their time for free, if most of those who were willing then had be be rejected because they're as dumb as rocks, well how would it work?

There is one way, which is to make it a properly paid role. But that would be complicated.

beergiggles · 19/06/2024 17:39

SocoBateVira · 19/06/2024 17:36

There is one way, which is to make it a properly paid role. But that would be complicated.

Do you think it will ever become a properly paid role?@SocoBateVira

HappierTimesAhead · 19/06/2024 17:41

The Scottish government plan to bring in juryless rape trials but there has been huge opposition to it by the law society

Reugny · 19/06/2024 17:44

CastlesOnTheBeach · 19/06/2024 17:06

What's more unethical:

Forced sterilisation, or allowing them to produce another baby and let it die outside in freezing temperatures?

Bad cases make bad law.

Though I wish there was a legal way to keep them away from each other so they couldn't produce even more children to die/be taken into the care system.

SocoBateVira · 19/06/2024 17:45

beergiggles · 19/06/2024 17:39

Do you think it will ever become a properly paid role?@SocoBateVira

I'm not aware of any serious proposals to change it. Quite apart from anything else, there's the money issue.

At the moment, the whole court system is creaking because of long term underfunding. Paid instead of just expensed jurors would be another expense if you wanted them to be at all trained and qualified. Whereas the current jury system transfers a lot of the costs onto the jurors themselves and their employers.

Disclaimer, am not in criminal law.

Reugny · 19/06/2024 17:50

CheltenhamLady · 19/06/2024 17:29

I watched the TV show The Jury. Having served on a jury it was very true to life. It only takes one - misguided, stupid, arrogant (take your pick) juror to sway the verdict.

I am also of the opinion that serving on a jury should be left to those who have a semblance of legal knowledge and critical thinking.

The point is that you are judged by your peers.

18 year olds would not have legal knowledge. My first friend who served on a jury was 18. He served just as we finished our A levels and had turned 18. He said he ended up being foreman.

And there are people of any age who lack critical thinking skills completely or on certain topics.

PeriMenoMayhem · 19/06/2024 17:53

AccidentallyWesAnderson · 19/06/2024 13:09

I despair about the level of intelligence of some people on a jury

I agree.

I also hope CM doesn't have anymore children.

Unfortunately she will if released, probably move abroad and have more dc. Funded by her family.

The fact SS thought she was a risk to her children and they removed them and they were clearly correct as the next child died whilst in the care of them both. Video footage is horrendous of their handling of a newborn and the inappropriate clothing for that time of year

AccidentallyWesAnderson · 19/06/2024 17:55

They will go underground/abroad as they'll know any subsequent children will be taken off them. Poor kids.

oakleaffy · 19/06/2024 17:56

This odious couple are a regular baby making factory - They can’t look after their existing children- Don’t visit them in contact centres, to the great despair of the children-
That man at least needs a vasectomy

This woman has years of fecundity left - how many more children will be born only to die or end up in the care system?
It’s just so cruel to the children.

SadAboutSD · 19/06/2024 17:57

Movinghouseatlast · 19/06/2024 17:25

Fancied the barrister, who was too good looking to defend a guilty man apparently. I kid you not.

😵‍💫wow. Yep, I'm in agreement with those who've suggested professional jurors, or at least some sort of test to ensure they can understand the process and the seriousness of the process!