A Maidstone family is struggling to save their pet dog, which police say should be destroyed.

Bud was taken from Anthony Pemberthy, who was arrested on suspicion of conspiracy to burgle in April. The 36-year-old is currently on remand.

Last month the KM reported that police dog handler Nigel Cook told Maidstone magistrates he believed the dog to be a pit bull terrier.

Even though the breed is banned, courts can make exemptions if the animal is not a danger to the public and the owner is considered fit and proper.

At a second court hearing last Thursday, PC Cook maintained Bud is a well-kept, pleasant, family dog and not a danger, but claimed Pemberthy is not an appropriate owner.

“I can’t give you guidance on what constitutes a fit owner, but Mr Pemberthy has a long list of previous convictions and how can we give a dog back to a man who is in prison?”

PC Cook told magistrates even if Pemberthy, of Green Lane, Langley, was deemed appropriate, Bud couldn’t be returned to him while on remand.

He also said the dog couldn’t live with Pemberthy’s partner or mother.

PC Cook said: “We don’t feel the rules would be obeyed if it went back to the mother.

“His partner has three young children all under five years old. The dog is not dangerous to the public but we would not be happy to put it back into the family.”

Speaking via video link from Elmley prison, Pemberthy said: “I can’t see why he can’t go back to my family. He grew up with my kids.

“I have been trying to get legal advice but I’m struggling in here. I don’t see why what I am in here for has anything to do with me being able to bring up a dog.

"Why does a dog-loving person like PC Cook want to kill an innocent animal? Bud is like one of my children.”

Mr Pemberthy has been unrepresented during both hearings due to a lack of legal aid.

His partner, Samantha Holden, and mother, Christine Hoadley, have been trying to get legal representation.

Speaking to Maidstone magistrates Mrs Hoadley said: “We are trying our hardest to get help and an expert. We’ve had a great response from the KM’s article about Bud and we just need a bit more time to get things together.”

Mrs Hoadley thanked all those who have been in touch so far.

The case was adjourned until Wednesday, September 30 at Maidstone Magistrates’ Court.