As the case of murdered toddler Tavia Michella Ximenes Da Costa approaches transfer to crown court for trial the charges against her mother have been increased.
Tavia was just two weeks off her second birthday when she was found dead in bed.
Januaria Sarmento Ximenes (30) is charged with murdering the child on 13 October 2024.
He was the partner of her mother Suzi Augusta Jacinta Da Costa (22) was charged with manslaughter and along with her sister Suzana Da Costa Ximenes (25) jointly accused of causing the death of the child and knowing she died by an unlawful act.
All three, who resided at Windmill Court, Dungannon are accused of wilful ill-treatment between 1 August to 13 October 2024.
However court papers now show the manslaughter charge against Da Costa has been replaced with murder.
Ximenes wasn’t Tavia’s father but began a relationship with Da Costa in June 2024, moving in with her and her sister the following August.
On the morning in question, Da Costa rang her mother saying there was something wrong with Tavia who told her to go to hospital.
Da Costa, who was “normal and calm” refused instead asking her mother to come to the house.
She arrived with her brother and were met by Ximenes who, emotionless, said, “Let’s resolve this as a family.”
Tavia’s grandmother found her in bed and believed she had been dead for some time.
Her brother rang 999 while Ximenes told him, “I’m a good man. That’s why I saved your niece.”
An ambulance crew notified police and the defendants were arrested.
A postmortem found Tavia died from brain injury caused by blunt force trauma.
She was covered in bruises including to her head and face, grip marks were noted to her arms and a burn on her ear.
Ximenes was observed in a nightclub the evening before “angry and aggressive” when leaving around 2am.
Approximately 30 minutes later a witness heard two women “screaming hysterically” in Tavia’s home.
During interview Da Costa claimed her daughter had fallen and insisted Ximenes “was a great guy” then changed to say he was violent with this increasing from 9 October 2024.
Despite this she left the child alone with him days before the murder.
She claimed Tavia’s breathing was terrible the night before and, in the morning, she was dead.
Ms Ximenes accepted not liking Ximenes and stayed out of his way but insisted she didn’t see or hear anything.
All three were refused bail, although Ms Ximenes and Da Costa were later granted High Court bail.
At the most recent sitting of Dungannon Magistrates Court a prosecuting lawyer confirmed the final post-mortem report has been received and the matter can now be progressed to crown court for trial.
District Judge Francis Rafferty adjourned the case until September 9 when all three accused are expected to be returned for trial.
