Two men accused of disturbing a wild dolphin have told a court they didn’t mean to hurt the animal.

The charges against Daniel Buck and Michael Jukes, both aged 26, relate to ‘Dave’ the dolphin, a solitary female that had been living off the coast of Folkestone.

It is alleged they tried to swim with it by holding onto its fin, and are charged with intentionally or recklessly disturbing the dolphin. It is the first time such a case has been heard in the UK.

Dover Magistrates Court heard on Monday that the pair swam with the dolphin following a walk along the beach after an all night party last June.

Buck, of Church Road, Folkestone, said: "Someone suggested going for a swim. While in the water Dave went underneath me, then came up beside me and was there looking at me. It turned on its back as if to be stroked. I stroked its belly."

Jukes, of Castle Hill Avenue, Folkestone, told magistrates: "It was approaching us. We were touching it, but not in an aggressive way. I was not hurting it. It was an amazing experience."

The prosecution said residents of Seabrook heard shouting during the early hours of the morning and saw the men in the sea ‘manhandling the dolphin’

The pair were reportedly holding onto the dolphin’s fin and tail while swimming with it, and had refused to get out of the sea when order to by police.

Antonia Porter, prosecuting, said the pair’s actions were contrary to the Wildlife and Countryside Act which aims to protect such animals.

Prosecution witness James Barnett, a volunteer vet with British Divers Marine Life Rescue, saw footage of the defendants filmed by a Seabrook resident and told the court: "The dolphin brings its head up abruptly, which suggests a stress response.

“My concern is there are two people, untrained in the water, unsupervised and under the influence of alcohol and handling an animal in a way which is not appropriate and could cause injury and stress. I do feel he was disturbed and stressed."

The case hinges on what would cause disturbance to a dolphin, taking into account the extent to which Dave had already become "humanised" due to increased contact with people.

The trial continues.