Jonas Hankin KC was instructed by West Midlands CPS CCU in an unusual and challenging case concerning the death of a 3-year-old child, Abiyah Yasharahyalah, whose skeletonised remains were found buried in a garden in Handsworth. Post mortem examination did not reveal the cause of his death. However, examination of his bones and teeth by experts in forensic anthropology, bone pathology and odontology proved that Abiyah had died in a state of severe malnutrition. His parents claimed that he had died suddenly and unexpectedly from a respiratory illness and that, as far as they were aware, he was otherwise well. They said they had buried him in accordance with their cultural beliefs.
At trial, the prosecution argued that Abiyah’s poor physical condition and the need for medical care would have been obvious to his parents but that, motivated by their belief system and/or their desire to avoid investigation, they had wilfully neglected him. Although the medical cause of death was unascertained, the prosecution was able to prove that, on the facts, severe malnutrition (for which the parents were criminally responsible) was a more than minimal cause of his death. Whether the parents’ purpose in burying Abiyah’s body in the garden had been to prevent a police investigation into the circumstances of his death or they had realised that the inevitable consequence of burying him in this way would be to prevent it, they had possessed the necessary intention to prevent a full and proper investigation, thereby perverting the course of public justice.
The defendants will be sentenced by the Hon. Mr Justice Wall on 12 December 2024.
To read more about this case please visit: https://news.sky.com/story/parents-guilty-of-causing-or-allowing-death-of-their-son-3-whose-body-was-buried-in-birmingham-back-garden-13267333
