A COURT heard today how a wild dolphin wanted to rest and be left alone when two men attempted a drunken swim with the animal.

Dolphin expert Margaux Dodds, director of the charity Marine Connection, said she believed the dolphin was probably resting when the men went into the sea at Seabrook, near Folkestone, during the early hours of the morning.

After seeing footage of defendants Michael Jukes, of Castle Hill Avenue, Folkestone and Daniel Buck, of Church Road, Folkestone, she told Folkestone Magistrates Court: "It looked as if they were pulling fairly strongly on the dolphin. It looked as if she (the dolphin) was warning off the defendants rather than wanting to interact. She was tail slapping and bumping into them. They were doing something she didn’t like."

The men, both aged 26, are charged with recklessly or intentionally disturbing a dolphin, contrary to the Wildlife and Countryside Act of 1981. The offence is alleged to have happened at around 5am on Saturday, June 9 last year.

It relates to Dave the Dolphin who arrived in Shepway in May 2006. The dolphin, whom it was later discovered is female, was last seen in December 2007. It swam close to the coast between Folkestone and Hythe, with its favourite spot being just a few hundred yards out to sea near a buoy at Seabrook.

On Wednesday morning Miss Dodds told the court swimming with captive dolphins was completely different to trying to swim with a wild dolphin.

She said: "Dolphins in captivity are trained by food reward to interact. Wild dolphins are not trained to have people hold on to them for a ride."

On Wednesday afternoon the case was suddenly stopped and adjourned. As the last prosecution witness was to be heard, chairman of the bench John Offord announced he had to leave the court due to a "serious" matter.

A date for the case to be resumed will be set this Friday.