Child rapist Nicholas Reekie has appeal against mistreatment struck out after six years

Nicholas Reekie, pictured in the dock during his trial in 2003. Photo / Brett Phibbs

Convicted rapist Nicholas Reekie has lost a years-long battle with Corrections over alleged mistreatment in prison.

The Court of Appeal today struck out Reekie's appeal against a decision from 2013. The appeal had been put off for six years while he tried to raise the money for it.

Reekie was sentenced to preventive detention in 2003 with a minimum non-parole period of 25 years after being convicted on 31 charges, including abduction and rape, for offences against four female victims, aged between 11 and 69.

David Dougherty was earlier wrongly jailed for the 1992 abduction and rape of the 11-year-old girl. He was cleared by DNA evidence.

In 2012, Reekie sued Corrections for $1 million over his treatment in prison. The court agreed he had been badly handled but did not award him compensation.

Reekie appealed the decision and has since been tied up in a battle over legal costs.

He unsuccessfully applied for costs for the appeal to be thrown out in 2013, and then appealed against that decision to the Supreme Court. The Supreme Court declined leave in 2014.

Refusing to pay security for costs, Reekie never got a hearing date. That meant the case lay dormant until August this year, when the Court of Appeal said it intended to strike it out.

Reekie complained he still intended to pursue the appeal but had struggled to get together the resources for it.

Corrections argued that he had not adequately explained why he had not paid security for costs after years of delays and said that the case should be struck out.

"This appeal has seen no progress for far too long," the Court of Appeal judges said.

"Whatever difficulties Mr Reekie may have faced in obtaining resources to pursue the appeal, they do not adequately explain the point that years have passed without him progressing matters.

"We are satisfied that he has failed to prosecute the appeal with due diligence and dispatch."

The appeal was struck out, and no order was made on costs.