KUALA LUMPUR: Actor and singer Datuk Ahmad Azhar Osman or Awie was ordered to pay RM80,000 to his former wife Rozana Misbun for assaulting her.
The Court of Appeal unanimously dismissed Awie's appeal and affirmed the decision by the Shah Alam High Court.
Awie is best known as the vocalist for legendary local rock band Wings, while Rozana is the sister of actress Haliza Misbun.
Judge Datuk Nor Bee Ariffin said the court could not agree with Awie's argument that his ex wife had no right to file civil action against him as he had already been compounded for the offence.
She said in this case, there were three incidents of assault and battery inflicted by the appellant upon the respondent on April 2, 2014.
The first incident took place in the house in the presence of their children, the maid and a driver while the second incident took place at the Permodalan Nasional Berhad (PNB) counter.
The third incident occurred near a car park.
Awie was compounded RM10,000 for the first incident and fined RM2,000 after being found guilty for the second incident.
However, there was no charge in respect of the third incident even though Rozana lodged a police report.
"In our view, the compounding of the offence is a matter concerning the criminal law and procedure, and does not have any impact or effect on the Respondent's fundamental right to file civil action.
"The amounts awarded as general damages for pain and suffering, and aggravated damages are fair and reasonable," she said.
She said Rozana had testified in court for all three incidents and the Sessions Court accepted her evidence and found her to be credible (which was affirmed by the High Court).
"We are not satisfied that the Sessions Court had erred or misdirected itself in law or in fact or evidence.
"We also find that the High Court was not wrong in reaching its decision to affirm the decision of the Sessions Court.
"The appeal is dismissed with costs of RM15,000," she added.