The mother of murdered toddler Tavia Michella Ximenes Da Costa has been refused a variation of bail conditions to permit her to reside at the address when the incident occurred.
Tavia was just two weeks off her second birthday when she was found dead in bed on October 13, last year.
Her mother’s partner Januaria Sarmento Ximenes (29) is charged with her murder.
The mother Suzi Augusta Jacinta Da Costa (21) is charged with manslaughter and along with her sister Suzana Da Costa Ximenes (24) 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.
Ximenes wasn’t Tavia’s father but began a relationship with Da Costa in June, moving in with her and her sister in 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 bother 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 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 to her arms and a burn on her ear.
Ximenes was in a nightclub the evening before an “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 accused were refused bail, although Ms Ximenes has since been released.
Da Costa was later granted High Court bail on condition she obtained an appropriate address and refrain from entering Dungannon.
In January her lawyers sought compassionate bail at Dungannon Magistrates Court for her release to attend with the Housing Executive to register as homeless in order to obtain accommodation.
However District Judge Francis Rafferty refused stating: “I don’t accede to these applications. I’m aware some judges do, but I do not. I have been told in person by the Head of the Prison Service that there is a facility within the prison to address such matters.”
At the most recent sitting a further application was made with the defence stating Da Costa has been unable to secure alternative accommodation by Housing Executive transfer of her tenancy as the PSNI had not provided any evidence of risk should she return to the Dungannon area.
They requested the exclusion zone is removed and Da Costa be permitted to reside at her former address at Windmill Court, Dungannon.
Judge Rafferty cut matters short, refusing the application.
Da Costa remains in custody and the case of all three accused will be mentioned again on April 9.
