The Bromby brothers were "angry" during a confrontation with Henry Talbot that led him to press assault charges, Supreme Court heard from an eyewitness.

However, Derek John (DJ) Simons insisted he did not see them hit Mr. Talbot.

Olympic sailor Peter Bromby and his brother John have launched a malicious prosecution case against Mr. Talbot, who accused them of assault in 2004. The incident came during a property dispute with Mr. Talbot, who the brothers say was bulldozing rock formations on a Somerset beach.

The pair was found guilty in May 2005 at Magistrates' Court of assault and using threatening words against him. They were handed an absolute discharge, and later successfully appealed their conviction in the Supreme Court.

According to their lawyer Richard Horseman, the brothers believe Mr. Talbot instituted the proceedings maliciously for the purpose of "getting back at them" for highlighting concerns that the construction project was destroying longtail nests.

They are now seeking compensation.

Mr. Simons, of Sandys, told the Supreme Court yesterday that he is friends with the son of John Bromby's girlfriend. He was aged 15 at the time of the incident, and playing in their yard on the date in question.

He said after he discovered what was going on at the nearby beach, he went to a cliff overlooking it and had what he described as "a bird's-eye view" of the scene. He described seeing the brothers and Mr. Talbot "circled around each other" next to a tractor, with the brothers looking angry.

However, Mr. Simons refuted a suggestion from Mr. Talbot's lawyer Rick Woolridge that he saw Mr. Talbot get struck. He further denied taking his eyes off the scene at some point.

The court also heard yesterday from Sergeant Jermaine Tucker, who was in charge of Somerset Police Station at the time and attended the scene. He agreed with Mr. Woolridge that Mr. Talbot who was arrested but later released without charge seemed quite upset about what had transpired.

In answer to further questions, he confirmed that the Bromby brothers were invited to make statements after Mr. Talbot complained he'd been physically assaulted and threatened. They declined to do so.

Mr. Horseman asked him: "The Brombys didn't want to give you a statement but they denied ever laying a finger on him or threatening him?"

Sgt Tucker replied: "That's correct."

The case continues, with Mr. Talbot expected to give evidence today.