Three-year-old buried in garden died of ‘breathtaking arrogance and cruelty’ – court hears

A couple whose three-year-old son died after failing to seek medical help or provide him with adequate food showed “breathtaking arrogance and cruelty,” a jury has heard.

Tai and Naiyahmi Yasharahyalah, 42 and 43, are accused of causing or enabling the death of Abiyah Yasharahyalah and then burying his body in the back garden of a house in Handsworth, Birminghamin early 2020.

Abiyah died from a respiratory disease caused by broken bones, severe malnutrition, rickets, anemia, stunted growth and severe tooth decay, the couple’s trial at Coventry Crown Court heard.

Both parents deny the allegations against them, including: perverting the course of justice and cruelty to children by not providing them with adequate food and calling for medical care.

It was obvious to both parents that Abiyah was in significant pain before her death, said prosecutor Jonas Hankin KC.

“They had control over their lives, they were responsible for their actions,” Hankin said. “At any time they could have made different decisions or reversed decisions, the consequences of which were obviously harmful.”

Hankin stated that the Yasharahyalahs were motivated by a belief system, including a strict vegan diet and a desire to avoid unwanted attention.

He said the couple were willing to let their child “suffer the consequences” of poor nutrition and lack of medical or dental care to avoid an investigation into their misconduct.

“Everyone Played a Role”

“They worked together. They shared parental responsibility, they shared their belief system,” he said.

“One parent could not have secretly buried Abiyi’s body in the garden without the support of the other. Each of them participated in or consented to Abiji’s burial.”

Hankin alleged that each parent participated in attempts to obstruct social services.

The court heard how the couple argued they had not acted intentionally in providing adequate nutrition.

“They were zealous in their beliefs.”

Hankin said the couple’s claim that Abiyah had no symptoms other than a cold-like illness before his death was “for the birds.”

Examination of the skeletal remains shows that Abiyah suffered five fractures, including a broken arm and ribs.

Hankin said the child “must have been in very severe pain” and added: “None of the defendants were able to satisfactorily explain why the emergency services were not called.”

He also claimed that they both must have realized that Abija was not getting enough food and needed medical care, but chose not to provide it.

Hankin said: “None of them are stupid. They were zealous in their beliefs.”

The jury must decide whether the defendants acted intentionally – defense

When they were questioned by police, Tai could barely walk and Naiyahmi was able to stand but was unable to walk due to withdrawal from society and social services, the court heard.

Bernard Tetlow KC, who represents the boy’s father, said the jury must decide whether the defendants acted willfully by failing to provide sufficient food and medical care.

He argued: “They really believed they were doing the right thing. They truly believed that their diet and belief in natural and holistic medicines were the best path.”

Charles Sherrard KC, representing the boy’s mother, urged the jury to acquit all charges, adding: ‘The notion that she had no regard for the welfare of her child is, in our view, simply contrary to all the evidence. “

The process continues.