PUTRAJAYA: Popular rock singer Datuk Awie will have to pay RM80,000 in damages to his ex-wife Rozana Misbun, after he failed in his appeal in relation to a lawsuit she filed over an assault seven years ago.

       In a unanimous decision, a three-member Court of Appeal panel chaired by Justice Nor Bee Ariffin dismissed the appeal filed by Awie, whose real name is Ahmad Azhar Othman, on grounds that there was no merit in the appeal.

       She said the Sessions Court did not err or misdirect itself in law, in fact or in evidence.

       "The amount awarded for general damages for pain and suffering and aggravated damages is fair and reasonable in view of the injuries sustained and the particular and peculiar circumstances as to where and when the incident took place," she said.

       "We find the High Court is not plainly wrong in reaching its decision to affirm the decision of the Sessions Court," added Justice Nor Bee in proceedings held online on Tuesday (Nov 9).

       She said that the court also did not agree with the appellant's argument that by agreeing to compound an offence, the respondent (Rozana) was precluded from filing a civil action for the assault on her.

       "In our view, the compounding of the offence is a matter concerning criminal law and procedure and thus not have any impact or effect on the respondent's fundamental right to file civil action in court against the appellant for remedies arising from the same facts which give rise to the charge under the first incident," she said.

       The court dismissed the appeal with RM15,000 in costs.

       The other judges on the panel were Justices S. Nantha Balan and Ghazali Cha.

       Awie, who is the lead vocalist of popular 1980s rock band Wings, was appealing a Shah Alam Sessions Court decision on Sept 28, 2018 over a lawsuit filed by Rozana who sought damages for assault and battery.

       The Sessions Court granted Rozana RM30,000 in general damages for her pain and suffering for the injuries sustained in the incident as well as RM50,000 in aggravated damages for the stress and humiliation that was inflicted upon her in the incident that took place on April 2, 2014.

       The Court of Appeal had earlier heard submissions where Awie's lawyer Hazman Harun argued that Rozana should be precluded from filing a lawsuit as Awie had paid a RM10,000 compound directly to Rozana to settle a criminal charge under Section 325 of the Penal Code.

       Hazman said Awie was charged and acquitted and should not be facing the lawsuit as the compound under Section 260 of the Criminal Procedure Code was akin to a "contract" between the two parties.

       "Section 260 is basically a contract that was made for the appellant (Awie) to pay the respondent (Rozana) RM10,000 and make a public apology. It precludes the lawsuit," said Hazman

       "Otherwise, the respondent could be suing my client for RM10mil despite him paying a compound," Hazman added.

       Meanwhile, Rozana's lawyer Azlan Abd Ro'ni said there were three incidents that took place on April 2, 2014.

       She said that the first act of battery was committed in front of the children, the maid and the chauffeur at their matrimonial home, which resulted in Awie being charged at an Ampang Magistrate's Court where he eventually paid the compound.

       The second incident happened in front of a counter at Permodalan Nasional Berhad (PNB), Jalan Tun Razak, while the third incident took place at the PNB carpark.

       Awie was charged under Section 323 of the Penal Code for the second incident where he pleaded guilty and fined RM2,000.

       However, there were no criminal charges in respect to the third incident.

       "There were three separate incidents that happened to Rozana. There was a finding of facts and reward given, but until today the money has not been recovered," she said

       "If our client is denied the rights to this (lawsuit), it goes against the Federal Constitution. She should have the right to file a civil action," Azlan added, saying that the amount awarded by the Sessions Court should not be disturbed.

       Awie and Rozana were married on June 20, 2005 and have five children; Putra Ahmad Merrah, Putra Ahmad Rezzki, and Puteri Qasseh Antasha. They divorced on Nov 1, 2014.