Two men have been found guilty of disturbing Kent's famous Dave the Dolphin, in the first case of its kind to be heard in the UK.

Michael Jukes and Daniel Buck, both of Folkestone, were charged with intentionally or recklessly disturbing a wild dolphin at Seabrook, near Folkestone, in June last year.

The 26-year-old men denied the charge but were found guilty when a six day trial, which cost an estimated £20,000 of public money, ended at Dover Magistrates Court on Thursday.

The case related to a female bottle nose dolphin known as Dave, which lived off the coast between Folkestone and Hythe for 18 months. The animal suffered a serious injury to its tail at the end of last summer and hasn’t been seen since November.

The court heard how the two men swam with the dolphin during the early hours of the morning following an all night party.

Residents of Seabrook called the police after being disturbed by the men’s noise, and officers claim the men refused to get out of the water when they were told it was illegal to swim with the dolphin.

The court reached its decision after hearing from five expert witnesses, four of whom said the wild dolphin’s behaviour showed signs of stress, and one who argued the dolphin enjoyed the interaction.

The men were both ordered to do 120 hours of unpaid work in the community and to each pay £350 towards the court costs.

Chairman John Offord said: “Mr Buck and Mr Jukes entered the water and disturbed the dolphin. They touched it or were pulled along by taking hold of its fin. They had their arms over the dolphin’s back.

“It was an act of recklessness rather than intentional disturbance.”

Speaking after the verdict, expert witnesses from the Whale and Dolphin Conservation Society, Mark Simmonds, said: “This shows you cannot simply mess around with wild dolphins."

He added: “Before she disappeared from the Kent coast last Autumn, Dave was seriously wounded.

“This was something we feared would happen from the time she first appeared and when she began to associate with people.

“WDCS and other organisations affiliated to the UK’s Marine Animal Rescue Coalition will continue to do our best to protect the UK’s remaining dolphins and it is clear that we need better laws to help us do this.”