A three-member bench chaired by Nor Bee Ariffin said they were satisfied that the sessions court judge was not wrong in fact and law to allow the claim by Rozana Misbun.

She said the RM50,000 aggravated damages for humiliation and stress and RM30,000 in general damages for pain and suffering were fair and reasonable.

Nor Bee, who sat with S Nantha Balan and Ghazali Cha, said the high court was also correct to affirm the findings of the sessions court.

“As such, there is no merit in the appeal,” Nor Bee said in dismissing Awie’s final appeal on liability and damages.

The bench also awarded Rozana, represented by Azlan Abd Roni, Nasyrah Ezzan Ali and Ahmad Fakhri Abu Samah, RM15,000 in costs.

Noor Bee also ruled that the bench did not agree with Awie’s stand that Rozana is barred from filing a civil claim for assault and battery as he had paid RM10,000 to his ex-wife.

Awie was charged with causing grievous hurt to Rozana at their matrimonial home at Taman Ukay Bistari, Ukay Perdana, Hulu Kelang, at 1.30pm on June 2, 2014.

However, the Ampang magistrates’ court acquitted him after the singer agreed to pay Rozana RM10,000 in compensation.

The former vocalist with local rock band Wings also apologised in open court to Rozana in May 2016.

He was also charged with causing hurt to Rozana at the Perbadanan Nasional Bhd (PNB) counter at Jalan Tun Razak, Kuala Lumpur, at about 3pm on June 2, 2014.

A Kuala Lumpur magistrates’ court fined him RM2,000 after he pleaded guilty.

However, Rozana filed a civil suit against Awie for assaulting her at their home, the PNB counter, and at a car park after leaving the PNB premises.

Awie, who was represented by Hazman Harun, filed a counterclaim against Rozana for breach of trust, saying she allegedly spent money set aside for their children’s education on branded clothes, bags and shoes.

However, this claim was previously dismissed by the sessions court.

Last year, High Court judge Wong Kien Kheong said domestic violence cannot be justified under any circumstances and the court should ensure that victims are compensated in a just and reasonable manner.

Rozana was hospitalised and an X-ray report showed she had a fractured rib cage as a result of the assault.

Hazman submitted today that the assault that took place at the couple’s home should be ignored as Awie had paid Rozana RM10,000 while the alleged battery that took place at the car park was not proven.

“My client is prepared to pay the respondent (Rozana) RM10,000 in damages for the assault that occurred at the PNB counter,” he said.

Azlan submitted that the sessions court judge found Rozana to be a credible witness when she gave evidence.

The lawyer said Awie only escaped punishment under the Penal Code for the first offence when he agreed to pay RM10,000 to Rozana.

“However, he (Awie) cannot stop Rozana from filing a civil claim for injuries and humiliation,” he said.