08/19/2014 05:15 EDT | Updated 10/19/2014 05:59 EDT

Nelson Hart's lawyer seeks stay on assault, threat charges in prison incident

ST. JOHN'S, N.L. - The lawyer for a Newfoundland man recently released from prison after murder charges were dropped says he has filed an application for a stay of proceedings on separate charges.

The Crown recently dropped first-degree murder charges against Nelson Hart after the Supreme Court of Canada upheld an appeal of his 2007 conviction in the drowning deaths of his three-year-old twin daughters.

The court ruled that confessions Hart made to undercover Mounties during a so-called Mr. Big sting couldn't be used against him.

Defence lawyer Jamie Merrigan says Hart is still facing charges including assault, uttering threats, destroying property and making a false statement from a June 2013 incident that occurred while he was in a St. John's prison.

Merrigan says the charges allege that Hart swore at guards, swung a kettle around his head and pointed at a guard and made threats.

The lawyer says in his application that a video of the incident shows Hart didn't threaten guards, swing a kettle or make threats.

He argues that Hart's charter rights were violated in the incident and that a guard pushed him into a wall.

The case is due in St. John's provincial court on Oct. 9.