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A judge has refused to amend bail conditions for the mother of murdered toddler Tavia Michella Ximenes Da Costa.
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 August 1 to October 13, 2024.
Ximenes was not Tavia’s father but began a relationship with Da Costa in June 2024, moving in with her and her sister the following August.
All three were initially refused bail, but Ms Ximenes and Da Costa were later granted High Court bail.
At the most recent court hearing, lawyers for Da Costa explained she currently signs weekly with police in Armagh but is living in Ballyclare.
She had obtained work in a Newtownabbey factory and her shifts made it impossible to report to Armagh within the stipulated times.
It emerged an application was made before Omagh Magistrates Court last week to remove the signing condition which was granted to allow her to commence work.
However, this was done in the absence of police so the court was not aware of the position.
On learning the outcome, police spoke with the employer who immediately terminated Da Costa’s employment having been unaware of the circumstances.
Her defence advised, “She is looking for other factory-based employment in the Ballyclare or Newtownabbey areas, and it will likely be shift work, making it impossible for her to attend Armagh to sign.”
The court heard Da Costa has a child which ‘ties her to this jurisdiction and it’s not necessarily proportionate to have her sign weekly with police’.
But District Judge Francis Rafferty disagreed stating, “It’s very proportionate. The condition will remain, and I suggest when she obtains employment there is liaison with police for a signing scheme which suits her schedule.”
Meanwhile, a prosecuting lawyer confirmed the final post-mortem report is due to be submitted imminently.
The case will be mentioned again in court on November 19.
