The lawyer for the man accused of assaulting someone and then skinny-dipping in the 'dangerous lagoon' at Ripley's Aquarium in Toronto is asking the court to sever the two incidents.
David Weaver is charged with one count of assault causing bodily harm, mischief under $5,000 and mischief interfering with property for the incident back in October 2016.
Video of the Ripley's incident went viral, showing a naked man swimming and diving backwards in the water, before walking out amongst other customers.
Lawyer Blair Drummie wants the two incidents treated separately and court will hear the motion on August 7th.
Weaver did not appear in court Thursday.
Drummie also said Weaver is back in British Columbia working as a fishing guide, after a previous bail condition to stay in Burlington with his mother.
NEWSTALK1010 Legal Analyst Ed Prutschi said it's a fair request.
"It's a completely different set of facts, a completely different set of potential witnesses," he said, adding the only connection could perhaps be if alcohol or drugs played a role in both incidents.
But Prutschi said it also sets up a potential scenario.
"They could argue the case on Medieval Times, but say, you know what, you caught me dead in the water as it were at Ripley's Aquarium so I'm going to plead guilty to that one," he said. "I strongly suspect the judge is going to see it that way."
Weaver was arrested four days after the incident near Thunder Bay during a vehicle stop.