The 49-year-old bus driver arrived in Auckland on April 2, 2019, flying in from South Korea.
As a Russian and New Zealand passport holder, Rudykh was described by police as a frequent traveller, with 23 travel movements in and out of the country since his first arrival in 2003.
In completing a passenger arrivals card, Rudykh came across the section asking if the traveller is bringing in more than 50 cigarettes or 50g of tobacco.
Answering “no” to this question he completed his arrival declarations and continued to Customs where CCTV footage showed him joining the line wearing “excessively bulky clothing”.
He was escorted to the Customs search area and told a Customs officer he had completed his arrival card, packed his own bags, was not carrying goods on behalf of anyone, and did not have items to declare.
But when his clothing and baggage were searched, what was found by the Customs officer told a different story.
Rudyk had a total of 10,966 cigarettes found in his suitcase, jacket, and trouser pockets, as well as a 7g cigar.
He told Customs he didn’t know why he had failed to declare the cigarettes and said they weren’t weapons or drugs.
When asked what he was going to do with the haul he said some would be smoked, and some were to be given away as gifts.
The cigarettes weren’t considered that many by Rudykh, claiming it was about six months’ worth, and they were stashed in clothing pockets because he put them there when he got dressed.
He later said it was because he didn’t have room in his luggage.
He had purchased around 50 packs, or 1250 cigarettes, from a duty-free store when transiting through Korea to Russia, and the remaining total was from a market in Russia where they cost just $5 per pack.
During an interview, Rudykh said he believed NZ was the most expensive country in the world to buy cigarettes and had bought them in Russia to save money while he visited family.
He said he wasn’t aware of what duty and GST were, but the total he had attempted to avoid paying was $12,199, a civil debt that may be pursued.
Lawyer Melanie Baker, representing Rudykh at today’s sentencing, said her client had struggled with establishing himself in New Zealand, and in a career.
Advocating for a discharge without conviction and permanent name suppression, Baker claimed her client would suffer employment hardship if he were to be convicted and named in the media.
Judge Walker didn’t accept this and said Rudykh could declare the offending to potential future employers and could give a copy of the decision.
Baker said Rudykh accepted he had made a “significant error of judgment” and said the four years it had taken for the case to come through the courts had caused significant stress.
Prosecutor Jack Garden said there was a distinct lack of remorse on Rudykh’s part and opposed a discharge without conviction.
“This isn’t the case of a very young person who will forever have their history blighted by conviction ... there will be consequences, but Customs’ submission is that it is not a consequence out of proportion.”
He said the consequences of Rudykh’s actions were common and didn’t meet the high threshold for permanent name suppression.
