Hart's wife requests guardian status in murder appeal

The wife of convicted murderer Nelson Hart is asking to be named as his guardian.

Jennifer Hart's lawyer told the appeals division of the Supreme Court of Newfoundland and Labrador she feels her husband isn't competent to proceed with his appeal hearing, and wants to be made guardian for legal matters. That would allow her to take over the appeal process on his behalf.

Documents filed with the appeals division argue that authorities went too far with a so-called Mr. Big scenario that was used to secure a confession.

Hart, 42, was a no-show when his matter was called in Wednesday morning.

Hart was convicted of drowning his twin three-year-old daughters at Gander Lake in 2002.

During the initial trial, Hart refused to testify in his defence, claiming the stress of testifying in front of the gallery could induce an epileptic seizure. He then asked to testify in camera, without the public present, but Judge Wayne Dymond refused that request.

The appeal questions the judge's decision, and looks at Hart's dissatisfaction with his legal aid lawyer, Derek Hogan.

The appeal also focuses on the method police used to convict Hart, which the appeal documents claim circumvent his Charter rights.

Officers used a so-called Big Brother sting operation, in which the suspect is asked to prove his toughness by an officer posing as a crime boss. In Hart's case, officers asked for details on how he killed his daughters.

A hearing on Jennifer Hart's request to be named guardian is scheduled for September.