A MAN charged with two counts of causing suffering to a dog has been refused his request to have the dog back in his care during the court proceedings.

Paul Nightingale, of Thornfield Avenue, Waterfoot, did not appear at Rossendale Magistrates Court yesterday but was represented by his solicitor, Philip Whittaker, who made an application that his crossbreed terrier be returned to him.

But the magistrates believed the dog was being looked after adequately in the care of the RSPCA and refused his request.

Mr Whittaker told the magistrates that his client was pleading not guilty to both offences, said to have occurred between September 1 and 12 and September 15 and 24, 2001, and that he was concerned about the care his dog was receiving while not with him.

He said Nightingale acquired the dog, believed to be five years old, after it had already had a chequered past and kept it as a pet.

The dog disappeared on September 12, 2001 and was found by a dog warden and taken to kennels in Whitworth.

When Nightingale collected it two days later he was told it needed medication for a mouth ulcer.

On September 24, 2001 Nightingale was arrested at his home and the dog was seized.

Nightingale claims the dog received a constant and good level of care from him which was reflected in the condition of the dog when it was seized.

He also believed it would continue to receive that care by being with him rather than the RSPCA.

The case was adjourned for a pre-trial review on April 4.