A couple whose three-year-old son died after they failed to summon medical help or give him adequate food showed “breathtaking arrogance and cruelty,” a jury has heard.
Tai and Naiyahmi Yasharahyalah, aged 42 and 43, are accused of causing or allowing the death of Abiyah Yasharahyalah and then burying his body in their back garden in Handsworth, Birmingham, in early 2020.
Abiyah died after a respiratory illness while he was suffering from bone fractures, severe malnutrition, rickets, anaemia, stunted growth and severe dental decay, the pair’s trial at Coventry Crown Court was told.
Both his parents deny the charges against them, including perverting the course of justice and child cruelty by failing to provide adequate nourishment or summon medical care.
It would have been obvious to both parents that Abiyah was in considerable pain before his death, prosecutor Jonas Hankin KC said.
“They had control over their own lives, they were responsible for their actions,” Mr Hankin said. “At any time they could have made different decisions or reversed decisions whose consequences were obviously detrimental.”
Mr Hankin alleged the Yasharahyalahs were motivated by a belief system including a restrictive vegan diet and a desire to avoid unwanted attention.
He said the couple were prepared to allow their child to “suffer the consequences” of inadequate nutrition and a lack of medical or dental care in order to avoid an investigation into their misconduct.
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‘Each played a part’
“They acted together. They shared parental responsibility, they shared their belief system,” he said.
“One parent could not have secretly buried Abiyah’s body in the garden without the support of the other. Each played a part in burying Abiyah or agreeing to his being buried.”
Mr Hankin alleged each parent played a part in attempting to obstruct social services.
The court has heard the couple both claim they did not act wilfully while providing adequate nutrition.
‘They were zealous in their beliefs’
Mr Hankin said the couple’s claim that Abiyah was symptom-free before his death, other than a cold-like illness, was “for the birds”.
Abiyah had suffered five broken bones, including a fractured arm and rib fractures, according to evidence from examinations of his skeletal remains.
Mr Hankin said the child “must have been in very considerable pain” and added: “Neither defendant was able to explain satisfactorily why the emergency services were not called.”
He also alleged they both must have realised Abiyah was not getting enough nutrition and needed medical care, but chose not to provide it.
Mr Hankin said: “Neither of them is stupid. They were zealous in their beliefs.”
Jury must decide whether defendants acted wilfully – defence
When they were interviewed by police, Tai was barely able to walk and Naiyahmi was able to stand but unable to walk, as a result of disengagement from society and social services, the court heard.
Bernard Tetlow KC, who is representing the boy’s father, said the jury must decide whether the defendants had acted wilfully when failing to provide enough nutrition and medical care.
He argued: “They genuinely believed they were doing the right thing. They genuinely believed that their diet and the belief in natural and holistic medicines was the best way.”
Charles Sherrard KC, representing the boy’s mother, urged jurors to return not guilty verdicts on all charges, adding: “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 trial continues.
