Together with his then-girlfriend, he received a five-year prison term for conspiring to murder someone.
Irving, who was not pleased with his punishments, went before a single Court of Appeal judge to have his claim for leave to challenge his sentences heard; however, on May 12, 2022, it was denied.
Then, in February and March of this year, he took his plea before three justices of the Appellate Court and claimed, through Leonard Green and Alex Parkes, that “the sentences imposed are severe and plainly disproportionate and cannot be justified.”
Justice Marva McDonald-Bishop, Justice Jennifer Straw, and Justice David Fraser, the appellate judges, disagreed, saying they “do not think that these sentences are clearly disproportionate.”
They went on to explain that the circumstances surrounding the offenses were startling and upsetting.
In fact, the judges stated in their decision that Irving could have been charged with murder under Section 2(1)(e) of the OAPA (Offences Against the Persons Act – circumstances of a contract killing) and would have been subject to sentencing under Section 3(1)(a) of the OAPA, which carries the possibility of the death penalty or life in prison with a stipulated statutory minimum term of 20 years before parole eligibility.
The judges emphasized the horrific nature of the crime by bringing up the caution statement in which Irving “confessed” to collecting $230,000 from Tamara’s sister Nadeen.
The decision stated, “The money was paid to a third person (‘the triggerman’) who had promised to carry out the killing for the amount of $500,000.”
“The triggerman, who was also detained, provided a caution statement in which he stated that the applicant (Irving) navigated him to the site where the deceased (Tamara) was shot and murdered,” the statement said.
Bryan Shelly, the suspected triggerman, is still in court and will be tried, although it is unclear who will be representing him.
The justices for the Appeal Court noted as well that Irving and his former wife “accepted $500,000 from Nadeen” to kill her deceased brother’s girlfriend.
In relation to both the murder and conspiracy to murder counts, the judges found that the sentencing judge “considered and took into account the classical principles of sentencing,” taking into account Irving’s early guilty plea, aggravating and mitigating circumstances, and the time spent in “pre-sentence remand.”
The sentencing judge “may not have demonstrated his application of the principles (of sentencing) in the orderly manner as set forth in the case of Meisha Clement v. R. and Daniel Roulston v. R., but his attempt to apply the prescribed methodology was evident from a review of the transcript,” it was noted.
In the end, the justices held that “this court would only interfere with the penalties if they were excessive or insufficient to the degree that this court would be satisfied that when (they) passed there was a failure to apply the proper principles.”
Detectives have charged seven people in connection with Tamara’s murder and the plot to kill another lady after conducting coordinated investigations for months throughout Trelawny, St. James, Westmoreland, and the Corporate Area.
Rexon Knott, one of the accused, was released in February 2021 because there wasn’t enough evidence to support a convincing prosecution against him in court.
According to the Falmouth police, Tamara was with her kid in her room on June 19, 2020, at around 8:30 pm, when a shooter broke through the door, demanded money, and shot the mother many times.
The daughter made it out safely.
Tamara was rushed to a hospital, where she was later declared dead after the police were notified.
Nadeen Geddes, both of her kids and Owen Irving were detained and accused in connection with Tamara’s slaying on July 14, 2020.
The detectives later detained and charged the other accused parties.