Tamawood’s Lev Mizikovsky on his Harley Davidson
Tamawood’s Lev Mizikovsky on his Harley Davidson

On your bike: Judge thrown out in traffic case

A MILLIONAIRE businessman helping fund disgraced Ipswich mayor Paul Pisasale's legal battle against corruption charges has won an appeal against a motorbike-riding magistrate over a $219 traffic infringement.

In March this year, founder of home building company Tamawood, Lev Mizikovsky, contested a fine for crossing a dividing line while on his Harley Davidson at Mt Nebo in 2016 in the Pine Rivers Magistrate Court and lost.

Police alleged during the trial that Mizikovsky had crossed on to the incorrect side of the road for about two seconds before a sweeping left bend.

They also claimed he had crossed on to the wrong side of the road once more, while being followed by a police officer.

Mizikovsky did not admit to being on the wrong side of the road.

He appealed the decision of Magistrate Trevor Morgan, a bike rider himself, to the Queensland District Court, saying he never should have cross-examined Mizikovsky about the drift of his motorcycle.

Mizikovsky's appeal also argued the left-hand road surface had been poor and the bend's sharpness made it legally justifiable to move to the best part of the road to improve visibility.

Lev Mizikovsky on a building site in Brisbane
Lev Mizikovsky on a building site in Brisbane

The court sided with Mizikovsky, ordering a fresh trial in front of a new magistrate, saying Mr Morgan "relied on his own judicial experience in riding motorcycles" to find the millionaire guilty.

"Unfortunately the magistrate appears to have been a motorbike rider, and cross-examined the appellant about his evidence concerning the drift of the motorcycle," District Court judge Paul Smith found.

"It is unfortunate the magistrate engaged in cross-examination.

"It is important for judicial officers to not enter the arena.

"In my view the magistrate did on this occasion."

Mizikovsky's conviction was in October set aside and police were required to pay his legal costs of $1,800 after Judge Smith found there had been a "material error" in the case.

Mizikovsky told The Courier-Mail he was going to win any new trial listed.
He said the appeal wasn't "exactly a win" and having to fight the fine for a second time was a "waste of time".
"It isn't a result at all, it's a waste of time but we are pretty certain we will win," Mr Mizikovsky said.

The Courier-Mail has previously revealed Mizikovsky helped to pay legal bills of Pisasale, who is facing corruption and illegal possession of a sex drug charges.

Mizikovsky said this was because Pisasale was a friend, and that all of their business dealings had been appropriate.