Boy, three, died after 'breathtaking cruelty'

Tai and Naiyahmi Yasharahyalah are accused of causing or allowing the death of son, Abiyah

A couple who buried their three-year-old son's body in their garden showed "breathtaking arrogance and cruelty" by failing to give him enough food or provide medical help when he was in pain, a court heard.

Abiyah Yasharahyalah is believed to have been buried in 2020 at the pair's then home on Clarence Road in Handsworth, Birmingham.

Tai and Naiyahmi Yasharahyalah, 42 and 43, deny causing or allowing his death, and also child cruelty by failing to provide adequate nourishment or summon medical care.

Prosecutor Jonas Hankin KC said it would have been obvious to both parents that Abiyah was in considerable pain before his death.

Coventry Crown Court has been told Abiyah died after a respiratory illness at a time when he was suffering from bone fractures, severe malnutrition, rickets, anaemia, stunted growth and severe dental decay.

Alleging the Yasharahyalahs were motivated by a belief system including a restrictive vegan diet and a desire to avoid unwanted attention, Mr Hankin said they were prepared to allow their child to "suffer the consequences".

'Nature will decide'

Mr Hankin stated: "One parent could not have secretly buried Abiyah's body in the garden without the support of the other."

He also alleged each parent had played a part in attempting to obstruct social services.

The couple - who also deny perverting the course of justice - both claim they did not act wilfully while providing inadequate nutrition, the court has heard, but Mr Hankin said their evidence had the "hallmarks of an unreliable witness".

Evidence from examinations of Abiyah's skeletal remains, which were discovered by police in 2022, showed he had suffered five broken bones, including a fractured arm, which led to a "false joint", and rib fractures.

Referring to a comment by Abiyah's mother that "nature has a way of doing things", Mr Hankin said: "That is their attitude - 'we're right and nature will decide'."

'Best way'

Bernard Tetlow KC, representing the boy's father, said the central issue for the jury was whether the defendants had acted wilfully when they failed to provide enough nutrition and medical care.

Mr Tetlow said: "Tai and Naiyahmi were not saying to themselves 'we realise our diet, we realise our healthcare is bad for us, but we are going to do it anyway'."

He also stated: "They genuinely believed that their diet and the belief in natural and holistic medicines was the best way."

Charles Sherrard KC, representing Naiyahmi Yasharahyalah, said of his client: "The notion that she had no regard for the welfare of her child is, in our submission, simply contrary to all of the evidence."

The judge is expected to begin summing up evidence in the case on Tuesday.