An application to destroy a dog living in Maidstone is one of the most complex the county has ever seen, a court heard.

The dog called Bud was taken from the home of Anthony Pemberthy in April.

Officers arrested 36-year-old Pemberthy and he has been charged with conspiracy to burgle. He is currently on remand.

The application to put the dog down has come from the police.

Police dog handler Nigel Cook told Maidstone magistrates he believed the dog was a pit bull terrier.

Under legislation the breed is banned, but courts can make exemptions if the animal is not deemed a danger to the public and if the owner is considered “fit and proper”.

Mr Cook said Bud was a well-kept family dog and was not dangerous but went on: “We don’t believe Mr Pemberthy is a fit owner. It relies on the court to decide whether he is appropriate.”

Speaking via video link from HMP Elmley, Pemberthy said: “I’ve had him for two-and-a-half years, from when he was just six weeks old. I took him off someone who was being cruel to him. He is like one of my children.”

Mr Cook told magistrates even if Pemberthy, of Green Lane, Langley, was deemed an appropriate owner, Bud couldn’t be returned to him while on remand. He also said the dog couldn’t live with Mr Pemberthy’s family.

“Under the Act there is only one owner of the dog," he said. "We can’t transfer ownership. But how can we give a dog back to a man in prison? It’s not an issue we have come across in this county before. It’s causing problems.”

He told the court it was costing police £15 a day to keep the dog in kennels.

Speaking after the hearing, Pemberthy’s mother, Christine Hoadley, said: “I just don’t understand why they would want to kill such a beautiful animal. He’s a family dog and the kids miss him so much.

“We were so shocked when they took him. We don’t know where to go from here, we need to get a dog expert, and would be grateful for any advice.”

The case was adjourned until Thursday, September 10 at Maidstone Magistrates’ Court.