A car dealer who sold a €65,000 BMW X5 on hire purchase to a man charged with drug trafficking, complained yesterday the car was impounded and never returned.

Premier Leasing and Investments Company Ltd filed a Constitutional application claiming breach of the right to enjoy its property based on a court’s refusal to satisfy its right to credit.

The company said the car was sold to Stiano Agius, 32, and his 26-year-old wife, Eleonor Tracy, who stand charged with conspiring to deal in cocaine, money laundering and using money deriving from drug trafficking. It said the sale agreement provided that the vehicle would remain the property of the company until the whole price was paid. The couple had paid €20,964, leaving an outstanding balance of €44,258.

The car had depreciated so much that it no longer represented the credit due to the company

Premier Leasing said that despite various attempts to get the car back the court always rejected such requests.

The company said it could not exercise its right of credit because all assets belonging to the Agius couple were frozen and could be confiscated by the courts if found guilty.

Moreover, the car had depreciated so much that it no longer represented the credit due to the company.

Lawyers Shazoo Ghaznavi, David Camilleri, Joseph Gatt and Robert Galea signed the application.