Mother of murdered toddler refused bail

THE mother of murdered Tyrone 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, 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 (24), is 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.

All three accused were refused bail, although Suzana Da Costa has since been released.

At the most recent sitting of Dungannon Magistrates Court yesterday (Wednesday), lawyers for her sister, Suzi 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.