Trial Begins for Handsworth Parents Accused of Neglect Leading to Child’s Death

Hi and welcome to this JK B'HAM Crime Report for VPN: REGIONAL NETWORKS:

A couple from Handsworth are on trial accused of allowing the death of their four-year-old son by not giving him proper food or medicine.

Parents TAI-ZAMARAI, 42 & NAIYAHMI YASHARAHYALAH, 43, said in police interview that when their severely malnourished son Abiyah fell ill in 2020, they attempted to treat him "naturally" with garlic and ginger. When this failed, they embalmed his body before burying it in the garden, a court has heard. The death was not registered.

The family asserted that they had a right to "live off the land" without co-operating with authorities.

When police responded to concerns and visited the house in September 2021, father Tai was defiant and unwilling to engage.

The couple lived a radical off-grid lifestyle, living off charity, and police noted that their diet left them so weak they could barely walk.

The defendants deny the charges, claiming that they were living in accordance with their own cultural values, including a rejection of Western medicine.

Access To The Law: The Defence of Cultural Values in Criminal Trials

As part of our campaign to improve citizens’ access and understanding of UK Law, we will be explaining the relevant UK legislation surrounding any case law relevant to our articles.

In criminal law, a defendant may attempt to argue that their actions were motivated by cultural or religious beliefs. However, in the UK legal system, adherence to personal or cultural values does not automatically provide a defense for breaking the law. While courts may consider cultural context in sentencing or mitigation, actions that lead to significant harm—such as child neglect or failure to seek medical treatment—are typically judged under statutory obligations of care, regardless of personal beliefs.

For instance, under the Children Act 1989, parents and caregivers have a duty to safeguard and promote the welfare of their children. Failure to provide adequate food, medical care, or protection may result in criminal liability, even if the neglect is justified by religious or cultural reasoning. In cases involving harm or death to a child, these defenses are usually outweighed by the duty to ensure the child’s well-being under the law.

The couple’s assertion of living “off the land” or rejecting Western medicine, while potentially rooted in their personal values, will likely be tested against the legal standards of child protection in the trial.

Well, that’s all for now. But until our next article, please stay tuned, stay informed, but most of all stay safe, and I’ll see you then.

Jason King

Birmingham City-Desk

Twitter (X) @JasonKingNews

Jasonkingnews@gmail.com