Dolphin Dave 'was disturbing men'

The defendants said the dolphin enjoyed playing with them

An independent dolphin expert has told a court how he believed a dolphin "was disturbing" two men who are on trial accused of bothering the animal.

Michael Jukes, 27, of Castle Avenue, Folkestone, and Daniel Buck, 26, of Church Road, Folkestone, deny charges of disturbing "Dave" the dolphin.

The men said they swam with it off Kent after it approached them in June 2007.

Defence witness Dr Horace Dobbs told Folkestone magistrates the dolphin was "the master of the situation".

In a way the dolphin was disturbing them rather than them disturbing the dolphin Dr Horace Dobbs International Dolphin Watch

He added: "It could have swum away. As long as they are enjoying company they stay, but the minute they get distressed they go."

Dr Dobbs, who is the director of the charitable organisation International Dolphin Watch, maintained Dave was "unusual but not unnatural".

He said some dolphins deliberately seek out the company of humans and bonds are gradually built up.

Asked by Paul Greene, representing Mr Jukes, if the animal had been disturbed, Dr Dobbs replied: "No, I thought the contrary was the case. They went in for a swim and the dolphin came to them.

"In a way the dolphin was disturbing them rather than them disturbing the dolphin."

'Drinking heavily'

But under cross-examination, he agreed he did not have a formal qualification in marine biology and that his views were at odds with other groups.

The trial previously heard how the pair had swum with the female animal at 0500 BST after a night out at party where they had been drinking heavily.

They were arrested after residents in Sandgate called police to complain about the noise they were making.

The defendants told the court they believed the dolphin had enjoyed swimming with them, but they denied reports they had tried to ride it by grabbing one of its fins.

Both men deny recklessly disturbing a wild animal under the Wildlife and Countryside Act 1981.

The trial continues.