A jury has retired to consider its verdicts in the trial of a couple who buried their three-year-old son’s body in their back garden after allegedly subjecting him to “breathtaking” cruelty.
Tai and Naiyahmi Yasharahyalah, aged 42 and 43 respectively, both deny causing or allowing the death of Abiyah Yasharahyalah, whose skeletal remains were discovered in December 2022 at their former home in Clarence Road, Handsworth, Birmingham.
A trial at Coventry Crown Court has been told that Abiyah died after a respiratory illness in January 2020, at a time when he was suffering from bone fractures, severe malnutrition, rickets, anaemia, stunted growth and severe dental decay.
His parents also deny perverting the course of justice and child cruelty by failing to provide adequate nourishment or summon medical care.
Prosecutors allege it would have been obvious to both defendants, who had their own belief system including a “restrictive” vegan diet which also left them with health problems, that Abiyah was in considerable pain before his death.
Former fitness instructor Tai Yasharahyalah told the trial he now accepts he was neglectful towards Abiyah but did not realise at the time that his son needed any medical care.
His wife also denies acting “wilfully” in failing to summon medical help, claiming Abiyah’s body was buried in the hope he might be “born again” and not in order to hide the death from the authorities.
She also maintains that she did not think about going to a doctor because she had “renounced her citizenship” and was “not contracted to the state”.
Jurors in the case retired on Wednesday and were told not to feel under any pressure of time in reaching their conclusions.
After completing his summing up of the evidence in the case, trial judge Mr Justice Wall told them: “You are here to reach the right verdict and you will take as much or as little time as you need in order to do that.”