They were actively on the run from authorities. They concealed the birth (and probably the pregnancy). They didn’t seek any form of medical treatment for the mother or the child. They didn’t register the birth of the child.
Regardless of how the child died they have committed a criminal offence by concealing the birth…
1) Any person who, without a lawful burial order, disposes of the body of any newly born child with intent to conceal the fact of its birth, whether the child died before, during or after birth, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years.
Anything they say about the child’s health is not going to help them. As adults, with a duty of care to their child, any health concerns should have been acted upon and they should have sought medical help. This is where the negligence comes in. If those children in the photos are hers, this is not Constance first rodeo, she’s given birth and dealt with newborns at least 3 times before. She’s not a child who’s got pregnant and doesn’t have a clue, she’s a grown ass woman who’s potentially already been a mother, as such, if she had any concerns about her child’s health then she had a duty to act on it and get help. She didn’t, in fact she did the exact opposite by putting her child at further risk, she’s therefore guilty of gross negligence and due to this her child died, so gross negligence manslaughter is bang on. So for me it’s pretty clear cut.
All other issues/discussions are mitigation.
However, it seems they are attempting to get the charges dropped. The only way they can do this is for lack of evidence, evidence got illegally or not in the public interest. I think this is just a chancer thing by their defence team. Defence will throw everything they can at getting them off, it’s their job, so fair enough.
What I find interesting is that to make an application to dismiss, this has to be made within a month of disclosure and before arraignment…they were due to be arraigned at that PCMH (I keep banging on about) which was set aside because Mark didn’t have counsel. I wonder
![Thinking face :thinking: 🤔](https://cdn.jsdelivr.net/gh/joypixels/emoji-assets@5.0/png/64/1f914.png)
if they were going to be out of time for that application if they were arraigned at that PCMH and the solicitor acting for Mark was collateral damage or even complicit in order to ensure they didn’t get arraigned to enable them to make that application to dismiss. I could be being a big old sceptic but I’ve seen worse jiggery pokery to meet deadlines. It will be very interesting to see if Marks new solicitor is from the same company…right I’m going to investigate this now!
![Face with hand over mouth :face_with_hand_over_mouth: 🤭](https://cdn.jsdelivr.net/gh/joypixels/emoji-assets@5.0/png/64/1f92d.png)
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ETA
So PCMH (where they should have been arraigned) was due to be on 22/9 and the mention for Mark to bin off his solicitor was 14/9. The application to dismiss hearing is 12/10 - that’s a piece of luck eh?
So marks solicitor was Kevin Light founding partner of Bishop and Light - must keep an eye on the Bishop and Light team
The Team that work at Bishop and Light Solicitors
www.bishopandlight.co.uk