Nelson Hart's lawyer is requesting a judicial stay for assault and uttering threat charges against his client. 

Earlier in August, the Crown withdrew murder charges against Hart for allegedly drowning his two daughters in 2002. He was released from prison shortly after.

However, Hart is still facing three charges of uttering threats, one charge of destruction of property and one charge of making a false statement after allegedly threatening three guards and destroying property at Her Majesty's Penitentiary in 2013. Hart pleaded not guilty to the charges.

A judicial stay, if granted, would mean the charges would be revoked.

In documents filed with the court, Hart is alleged to have cursed at the guards, saying "I don't have to do anything for you. Ye are all dead," when guards asked him to put on his shirt at meal time.

He also grabbed a boiling kettle, was swinging it around his head, and destroyed a TV.

Guards say he pointed at them and continued making threats. Hart was restrained and put in his cell. He resisted and was combative.

In the application for the stay, Hart's lawyer Jamie Merrigan said surveillance video tells a different story: The kettle was not boiling, Hart did not swing it around his head, and he never pointed at the guards.

Instead the application says the tape show he was assaulted from behind with a guard pushing him into a wall where he struck his face and head, and was punched or hit.

In the application, Merrigan said several of Hart's Charter rights were violated, including cruel and unusual treatment.

The case is expected back in court next month.