TWO men who were seen running away from a lake with a dead swan have appeared before magistrates charged with intentionally killing a protected wild bird.

When confronted by a bystander they said they had thought it was a wild goose. But Peterlee magistrates were told that even if it had been, that too would have been breaking the law.

David James Salmon, 32, of Toft Crescent, Murton, and Neil David Carr, 26, of Webb Avenue, Murton, admitted killing the mute swan at the village's Watergate Lake, on February 22.

Denise Jackman, prosecuting for the RSPCA, said a factory worker saw two men running away from Watergate Lake carrying something white. When he realised it was a swan he set off in pursuit with his son.

They confronted the two men, who had air weapon, but there was no sign of the swan. It was later recovered from nearby bushes.

A vet estimated the swan to be about ten-months old and in good health apart, from a severe wound to its neck and head. Its death would have been instantaneous, the court was told.

When questioned later by the RSPCA, Salmon admitted he had shot the animal. Both he and Carr said they were very sorry and had made a "genuine mistake".

The case was adjourned to June 19 for sentencing.