A British tourist was convicted of importing 1.49kg of cannabis grass from Thailand via post, acquitted of conspiracy and possession after a judicially authorised controlled delivery.
Court of Magistrates (Malta) as a Court of Criminal Judicature · Magistrate Dr. Elaine Rizzo BA, LLD · 7 May 2026
In March 2025, Maltese customs officers intercepted two parcels arriving from Thailand, both addressed to fictitious names at Flat 1, Muscat Flats, Triq il-Frieres, Sliema. The parcels, declared as 'baby gifts' and 'dried mushrooms', were found to contain a combined 1,493.93 grams of cannabis buds with an average THC purity of 18.56%. The packages were handed to the Drug Squad, which obtained judicial authorisation from the Inquiring Magistrate for a controlled delivery — replacing the drugs with decoys. Police officers dressed as Maltapost couriers attempted delivery on 17 March 2025. Jordan Anthony Gardner, a 27-year-old British national staying at a nearby hotel, was observed waiting on the steps outside Muscat Flats. When an undercover officer approached, Gardner — not the officer — initiated contact, confirmed he lived at Flat 1, and stated he was expecting two packages. He signed the delivery receipt and collected both parcels before being arrested by colleagues. A digital scale was later found in his hotel room. Gardner testified in his own defence that he had previously stayed at the Muscat Flats AirBNB and was doing a favour for his landlord by collecting the parcels, believing them to belong to her. However, the court found this account wholly incredible: the landlord's own records showed Gardner had never stayed there; the parcels bore two different fictitious female names, making it impossible they both belonged to one landlord; and Gardner himself referred to the landlord as 'him' earlier in his testimony. The court also noted an unidentified person had emailed Maltapost querying the delay of these specific packages before Gardner's arrest. The court convicted Gardner on the first charge of importation of cannabis grass, holding that the legal presumption under Article 26 of Cap. 101 — that a person who materially imports drugs is presumed to have done so knowingly — was not rebutted. Gardner was acquitted of the conspiracy charge because the prosecution produced no evidence of an agreement with another person on the mode of action. He was also acquitted of possession because the actual drugs were never physically handed to him, only a decoy, meaning the actus reus of possession could not be established. The court further held that attempted possession also failed, as commission of the offence was factually impossible given the decoy substitution.
Jordan Anthony Gardner found guilty of charge 1 (importation of cannabis grass contrary to Cap. 101, Laws of Malta) and acquitted of charges 2 (conspiracy to deal) and 3 (possession). Sentenced to 5 years effective imprisonment and a fine of €7,000 (convertible to additional imprisonment if unpaid within 3 months). Ordered to pay expert costs of €5,105.15 to the Court Registrar. All moveable and immovable property forfeited to the Government of Malta under Article 22(3A) of Cap. 101. Corpus delicti and drug-related exhibits ordered to be destroyed under the supervision of the Court Registrar.
Dangerous Drugs Ordinance Cap. 101 — Articles 7, 8(e), 14, 15, 15A, 22(1)(a), 22(1B), 22(2)(b)(i), 22(3A), 26, 30B; Subsidiary Legislation 101.02, Regulation 9; Criminal Code Cap. 9 — Articles 11, 23, 23B, 23C, 533