A couple who caused the death of their three-year-old son by forcing him to have an “extreme” vegan diet and then buried his body in their garden has been jailed.
Tai and Naiyahmi Yasharahyalah lived on a diet that consisted primarily of nuts, raisins and soya milk, and failed to seek medical attention after their son Abiyah became critically ill in early 2020.
At the time of his death from a respiratory illness, he was also suffering from severe malnourishment which led to rickets, anaemia and stunted growth, which his parents had tried to cure with garlic and various other pastes.
Jurors heard that the couple had lived an “off-grid” existence and believed they were living in a “kingdom” set up by Tai, which adhered to his own “slick law” legal framework and his own religion.
After being found guilty of all charges, they were sentenced to 24-and-a-half years and 19-and-a-half years respectively for causing the death of their three-year-old son and perverting the course of justice by burying his body in their back garden.
A post-mortem examination of Abiyah’s “skeletal” remains and other tests failed to identify how he died, but suggested he was also suffering from severe dental decay and six fractures to his right arm, legs and ribs, possibly caused by a fall about six weeks before his death.
London-born Tai, a medical genetics graduate who also used the first name Tai-Zamarai, and former shop worker Naiyahmi shunned mainstream society and left Abiyah’s body buried at their property in Handsworth, Birmingham, when they were evicted in March 2022.
They were eventually arrested in December 2022 while living in a caravan in Glastonbury, Somerset, having previously spent time living in a shipping container.
Jurors unanimously convicted both defendants after hearing how they kept the body of Abiyah in their bed for eight days, before embalming and burying the toddler in an 80cm-deep grave at the rear of their then-home in Clarence Road, Handsworth.
The trial was told that police visited the Clarence Road property three times: in February 2018 when Abiyah was alive; again in September 2021 after his death; and then in March 2022 to assist in the couple’s removal for non-payment of rent.
On the second occasion, police bodycam footage recorded officers asking if a child lived at the address, and Tai becoming aggressive and being arrested for being obstructive.
When asked about children, Tai, who had buried his son’s body around 19 months previously, responded: “We have the right to remain silent. I am a citizen of Yasharahyalah – you have no jurisdiction in my realm.”
The welfare check did not lead to Abiyah being identified as missing, due to confusion over records related to the address.
The trial was told that instead of contacting the NHS, the couple – who told police they had renounced British citizenship and had an “off-grid” existence – tried to treat their son’s final illness with garlic and ginger.
Upon their arrest on 9 December 2022, they were both “extremely thin” and an investigation led to the discovery of their son’s body five days later.
By the time they were interviewed by police, disengagement from society and social services had left Tai barely able to walk, and Naiyahmi able to stand but unable to walk, the court heard.
Referring to a comment made by Abiyah’s mother that “nature has a way of doing things”, the prosecutor said: “That is their attitude: ‘We’re right and nature will decide’.
Tai and his 43-year-old wife, who was born in Birmingham, denied the charges against them, telling the court they did not act wilfully and believed Abiyah would recover from a flu-like condition.
Former fitness instructor Tai, aged 42, told police in interview that he had carried out an “eight-day ritual” hoping that Abiyah would “come back”, but had eventually decided to conduct a burial in accordance with his culture on what he regarded as sacred ground.
The court heard the defendants married in 2015 and changed their names from Donald Nnah and Donna Graham after forming what they viewed as their own religion.
Opening the case for the Crown at the start of the trial, prosecutor Jonas Hankin KC claimed the couple had jointly neglected Abiyah by failing to provide him with enough food or any medical help.
During his closing speech to jurors, Mr Hankin alleged it would have been obvious to both defendants that Abiyah, whose teeth would have been wobbly, was in considerable pain from abscesses and other ailments.
Referring to a comment made by Abiyah’s mother that “nature has a way of doing things”, Mr Hankin told the court: “That is their attitude, ‘we’re right and nature will decide’. It is breathtaking arrogance and cruelty.”
Malnutrition of the severity suffered by Abiyah was simply not seen in the UK, the barrister said, with the defendants having “for reasons best known to themselves” driven themselves and their son into conditions more commonly seen in the developing world.
James Leslie Francis, of the Crown Prosecution Service, said: “Abiyah’s parents deliberately and wilfully neglected him by restricting him to a strict vegan diet and showing a callous disregard for his health and wellbeing. While they were free to behave in a way that damaged their own health, they owed him a duty of care and their actions led to his premature death.”
Mr Justice Wall remanded the couple in custody last week, removing bail which had been granted during the course of the trial.
