The mother of murdered toddler Tavia Michella Ximenes Da Costa has been refused compassionate bail to allow her to register with the Housing Executive to obtain an address for release.
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, 29-year-old Januaria Sarmento Ximenes, is charged with her murder.
The mother, 21-year-old Suzi Augusta Jacinta Da Costa, 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 August 1 to October 13, 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 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 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 post mortem 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 and notably “angry and aggressive” when leaving around 2am.
Approximately 30 mins 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”.
She then changed to saying he was violent to her and Tavia, with this increasing from October 9.
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.
At the most recent sitting of Dungannon Magistrates’ Court lawyers for Da Costa applied for compassionate bail to allow her to be released for a short time to attend with the Housing Executive to register as homeless in order to obtain accommodation for release.
However, before the defence got any further, District Judge Francis Rafferty stated: “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. There is no requirement to release from custody to allow that process to be actioned. That will remain my position until I am advised otherwise.”
The defence argued such applications must be made in person, but Judge Rafferty said: “There must be a system whereby the defendant can appear remotely from prison.”
While the application was refused, the judge agreed to review the matter next month to ensure the prison has carried out the necessary action.
