PUTRAJAYA - The Court of Appeal here today affirmed the Sessions Court's order that actor and singer Datuk Ahmad Azhar Osman or better known as Awie is to pay RM80,000 in damages to his former wife Rozana Misbun for assaulting her.
Rozana filed a civil suit against Awie in 2017, seeking damages for injuries suffered by her as a result of the assault, which she claimed happened in three places including at the Permodalan Nasional Berhad (PNB) building in Jalan Tun Razak in 2014.
A three-member Court of Appeal bench led by Justice Datuk Nor Bee Ariffin dismissed Awie's final appeal and upheld the Sessions Court and High Court's decisions which ruled in favour of Rozana.
Justice Nor Bee said the RM30,000 in general damages for pain and sufferings and RM50,000 in aggravated damages for stress and humiliation awarded to Rozana by the Sessions Court were fair and reasonable in view of the injuries sustained by her.
The High Court had upheld the decision of the Sessions Court, prompting Awie to appeal to the Court of Appeal.
Justice Nor Bee who sat with Justices Datuk S. Nantha Balan and Datuk Ghazali Cha found no merit in Awie's appeal and ordered him to pay RM15,000 costs.
The Court of Appeal judge said the court was satisfied that the Sessions Court had neither erred nor misdirected itself in law or in fact or evidence.
"She (Rozana) testified that the three incidents took place and the Sessions Court accepted her evidence and found her to be credible which was affirmed by the High Court that these three incidents of assault and battery did take place," she said.
She also said the court disagreed with Awie's counsel Hazman Harun's submission that Rozana was precluded from filing the civil action for assault and battery that took place in the first incident in the house after she agreed to resolve through compound payment.
In May 2016, the Ampang Magistrate Court acquitted and discharged Awie on a charge of causing hurt to Rozana at a house in Taman Ukay Bistari, Ukay Perdana, after the vocalist of the rock band Wings paid her RM10,000 compound and apologised to her in open court.
"In our view, the compounding of the offence is a matter concerning criminal law and procedure and does not have any impact or effect on the respondent's (Rozana’s) fundamental right to file a civil action in court against the appellant (Awie) for remedies arising out of the same facts which give rise to the charge under the first incident,” Justice Nor Bee said.
The judge also said that Awie was also charged for the second incident for causing hurt to Rozana at the PNB counter and he pleaded guilty and was fined RM2,000.
She said there was no charge in respect of the third incident which Rozana claimed happened in the car park of PNB but added that it was relevant to note that Rozana had lodged a police report in respect of this incident.
Awie disputed that the third incident happened.
Awie had filed a counterclaim against Rozana for breach of trust alleging that she spent money that was set aside for their children's education. However, the counterclaim was dismissed by the Sessions Court.
Rozana was represented by lawyers Azlan Abd Roni, Nasyrah Ezzan Ali and Ahmad Fakhri Abu Samah.- BERNAMA
Rozana filed a civil suit against Awie in 2017, seeking damages for injuries suffered by her as a result of the assault, which she claimed happened in three places including at the Permodalan Nasional Berhad (PNB) building in Jalan Tun Razak in 2014.
A three-member Court of Appeal bench led by Justice Datuk Nor Bee Ariffin dismissed Awie's final appeal and upheld the Sessions Court and High Court's decisions which ruled in favour of Rozana.
Justice Nor Bee said the RM30,000 in general damages for pain and sufferings and RM50,000 in aggravated damages for stress and humiliation awarded to Rozana by the Sessions Court were fair and reasonable in view of the injuries sustained by her.
The High Court had upheld the decision of the Sessions Court, prompting Awie to appeal to the Court of Appeal.
Justice Nor Bee who sat with Justices Datuk S. Nantha Balan and Datuk Ghazali Cha found no merit in Awie's appeal and ordered him to pay RM15,000 costs.
The Court of Appeal judge said the court was satisfied that the Sessions Court had neither erred nor misdirected itself in law or in fact or evidence.
"She (Rozana) testified that the three incidents took place and the Sessions Court accepted her evidence and found her to be credible which was affirmed by the High Court that these three incidents of assault and battery did take place," she said.
She also said the court disagreed with Awie's counsel Hazman Harun's submission that Rozana was precluded from filing the civil action for assault and battery that took place in the first incident in the house after she agreed to resolve through compound payment.
In May 2016, the Ampang Magistrate Court acquitted and discharged Awie on a charge of causing hurt to Rozana at a house in Taman Ukay Bistari, Ukay Perdana, after the vocalist of the rock band Wings paid her RM10,000 compound and apologised to her in open court.
"In our view, the compounding of the offence is a matter concerning criminal law and procedure and does not have any impact or effect on the respondent's (Rozana’s) fundamental right to file a civil action in court against the appellant (Awie) for remedies arising out of the same facts which give rise to the charge under the first incident,” Justice Nor Bee said.
The judge also said that Awie was also charged for the second incident for causing hurt to Rozana at the PNB counter and he pleaded guilty and was fined RM2,000.
She said there was no charge in respect of the third incident which Rozana claimed happened in the car park of PNB but added that it was relevant to note that Rozana had lodged a police report in respect of this incident.
Awie disputed that the third incident happened.
Awie had filed a counterclaim against Rozana for breach of trust alleging that she spent money that was set aside for their children's education. However, the counterclaim was dismissed by the Sessions Court.
Rozana was represented by lawyers Azlan Abd Roni, Nasyrah Ezzan Ali and Ahmad Fakhri Abu Samah.- BERNAMA