Peter Ellis' lawyer Nigel Hampton says Ellis lived 'an extraordinarily sad life'

The man whose child sex abuse case gripped the nation has died after living what his lawyer calls "an extraordinarily sad life".

Peter Ellis, 61, has died just five weeks before his last bid to clear his name before the Supreme Court.

The convicted child sex offender was determined to prove his innocence - but his time has run out. It was his dying wish as he suffered through terminal bladder cancer. 

His case has been through two dismissed appeals, a Ministerial enquiry and unsuccessful petitions for a Royal Commission - until he was given hope five weeks ago, as the Supreme Court agreed to hear his case. 

"I am excited, yes I am very excited," Ellis said in his last interview.

"Someone said to me, it looks like the creche case is pulling into the station, and I said, 'I hope my train isn't going out first'."

Ellis' lawyer, Nigel Hampton, visited the 61-year-old yesterday. He says he knew Ellis wouldn't make the November court date, so they spoke about the possibility of the case going ahead after his death. 

"When he died and if the issues are seen as substantial and substantive, then a court can go on to hear it and give a determination. Hopefully, that will be the line the Supreme Court will follow," Hampton says.

The former early childhood teacher was sentenced to 10 years in prison in 1993 after he was found guilty on 16 counts of sexual offending at the Christchurch Civic creche.  

Three charges were later dropped after a young girl admitted to lying to police. Ellis spent seven years behind bars, with many believing he was the victim of hysteria surrounding child abuse at the time.

Hampton is reflective following Ellis' death.

"An extraordinarily sad life when you look at it, and I regret that he didn't make it to November and hear what the Supreme Court hears of his case... and the hopeful vindication that would've come with that."

In a statement released on Wednesday, Ellis' family said he slipped away peacefully surrounded by his family and close friends.

"The family are immensely proud of Peter and the dignified way he lived his life."

Newshub.