Januaria Sarmento Ximenes (29) is charged with murder while his partner and mother of the child Suzi Augusta Jacinta Da Costa (21) is charged with manslaughter on October 13. She and her sister, Suzana Da Costa Ximenes (24) are charged with causing the death of the child and knowing she had died by an unlawful act. All three, who resided at Windmill Court, Dungannon, are accused of wilfully ill-treating the child between August 1 to October 13. A detective sergeant told Strabane Magistrates Court all charges could be connected. A prosecuting lawyer explained 23-month-old Tavia lived with her mother, aunt and her mother’s partner in Dungannon. Ximenes wasn’t her father but began a relationship with Da Costa, moving in with her and her sister in June, he said. On Sunday morning, Da Costa rang her mother saying there was something wrong with Tavia and was told to go to hospital. Da Costa, who was “normal and calm” refused, instead asking her mother to come to the house, the prosecutor alleged. She arrived with her brother and were met by Ximenes who, calm and emotionless said, “Let’s resolve this as a family”, the court was told. Tavia’s grandmother told police she had been “isolated” from her daughter and granddaughter since Ximenes moved in. She saw Tavia in bed with a blanket over her 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 arrived, who 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, there were grip marks to her arms, evidence of being shaken and a scald burn on her ear. Police ascertained Ximenes was in a nightclub on Saturday evening and was “angry and aggressive” when leaving around 2am. Approximately 30 minutes later a witness heard two women “screaming hysterically” in Tavia’s home, the court was told. 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. The prosecutor said Da Costa “didn’t describe any fatal attack on Tavia. She said her breathing was terrible on Saturday night although did not seek help. In the morning, Tavia was dead.” Suzana Da Costa Ximenes said she hadn’t seen Tavia since October 8 and went to an all-night party on Friday then slept throughout Saturday. She changed this to an all-day on Friday from which she got home at 10pm that night, remaining in her room for 21 hours. Januaria Sarmento Ximenes claimed Tavia was injured, and her mother and aunt put boiling water on this, although he had suggested cold water. He claimed he was out until 6am on the Sunday despite police believing he was home by 2.30am. Lawyers for all three accused applied for bail, which was refused by District Judge Oonagh Mullan. She ordered them to appear by video-link at Dungannon Magistrates Court on November 13.
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