Boy buried in Birmingham garden died due to parents' 'breathtaking arrogance and cruelty', jury told

A three-year-old boy who was found buried in a Birmingham garden died because of his parents' 'breathtaking arrogance and cruelty', a jury has been told. The decomposed remains of Abiyah Yasharahyalah were discovered at an address in Clarence Road, Handsworth, in December 2022.

It was believed he died in January 2000. Analysis of his skeleton showed signs of severe malnutrition, broken bones, rickets, anaemia, stunted growth, bone malformation and deformity as well as dental disease. Parents Tai-zamarai, aged 42, and Naiyahmi Yasharahyalah, 43, were arrested in December 2022 having moved to a caravan in Glastonbury where authorities checked on them out of welfare concerns.

They stand trial at Coventry Crown Court where they deny causing or allowing the death of a child, child cruelty and perverting the course of justice.

READ MORE: 'Disgusting and rotting smell at caravan of couple who buried boy in garden'

Today, Monday, November 25, prosecutor Jonas Hankin KC delivered his closing speech to jurors. He told the court that between 2017 and 2022 the couple 'rejected society, citizenship and law' as they moved themselves and Abiyah into a 'state of chronic malnutrition'.

He said the defendants lived off a strict vegan diet, rejected food 'fortified' with vitamins and minerals and had a particular contempt for formula milk. Mr Hankin also argued they 'rejected the welfare state' and were not in receipt of benefits for most of the period.

He said: "Poverty, isolation and ill-health were the results of the defendants' conscious decisions. Life was not happening to them. They had agency.

"They had control over their own lives and the capacity to influence their own thoughts and behaviour. They were responsible for their actions. At any time they could have made different decisions or reversed decisions where the consequences were obviously detrimental to their child's welfare.

"How easy it would have been to seek medical assistance and how easy it could have been to obtain extra food."

He went on: "Motivated by their belief system and a desire to avoid unwanted attention that might lead to investigation into misconduct, the defendants were prepared to allow their child to suffer the consequences of inadequate nutrition and a lack of medical and dental care."

Mr Hankin argued Abiyah was 'dreadfully neglected' and suffered a broken arm and leg in the weeks before he died, which Naiyahmi claimed were a result of falling down the stairs. He said it was 'inconceivable' the defendants would not have been aware he was in pain and discomfort and that he was in need of nutrition and medical care.

The prosecutor submitted that neither of the defendants were 'stupid', adding they were 'zealous' in their belief system which they placed above Abiyah's welfare. He said the link between the boy's enforced diet and health symptoms would have been obvious to them.

Mr Hankin reminded the jury that in her police interview Naiyahmi had said: "Nature has a way of doing things. That's the way things are meant to be. We might be getting in the way of nature."

He argued: "That's their attitude. We are right and nature will decide. It's breathtaking arrogance and cruelty."

The court heard the couple buried Abiyah's body in the garden in Clarence Road 'in secret' without registering his death, informing authorities or telling their family members. Mr Hankin argued they were both aware this would have either prevented or made the 'inevitable' investigation into his death more difficult.

Concluding his speech he said: "The defendants aren't being held up to an impossible standard. They are being held to a reasonable standard demonstrated by the fact malnutrition of this severity and consequence is simply not seen in this country.

"You have to look to the developing world to find malnutrition and the denial of basic healthcare needs on a similar scale. Malnutrition to this degree in a child of Abiyah's age is always abusive."

He added: "For reasons best known to themselves they drove themselves into developing world conditions which they managed to recreate in Birmingham and Glastonbury."

The trial continues.