Welcome to the first interview in our new meet the instructor series. This interview is with our new Christchurch lecturer, Phil Shamy. Over the last 30 years Phil has gained experience in commercial litigation, litigating in tort contract, equity and public law. He has litigated at all levels from the District Court to the High Court to appellate level. The last 20 years were spent as a partner at Raymond Donnelly & Co. the Crown Solicitors of Christchurch.

 

Throughout the course of that time he conducted a number of commercial/general civil/public law cases on behalf of the Crown. He also appeared as amicus curiae on a number of matters to assist with the High Court and District Court. Similarly throughout that time, he held the role of senior Crown counsel and conducted various prosecutions on behalf of the Crown. Throughout his time as a partner at Raymond Donnelly, Philip prosecuted in excess of 20 murder trials and numerous other manslaughter cases.

 

Phil has also been involved in mentoring younger practitioners, particularly young litigators and is keen to see young litigators from instructing solicitor firms enter the court room and have sufficient guidance and instruction to feel comfortable in that arena.

 

After 30 years in practise I have recently moved to the separate Bar.

 

My practise at present covers a number of areas including criminal law, civil litigation, employment law, public law and relationship property.

 

I have a number of cases currently before the District Court, High Court and Court of Appeal.

 

When I left  school I knew one thing for sure and that was I certainly wasn’t going to be an accountant. I was no good with bodily fluids so that left law.

 

Over time I have come to enjoy it more with the experience I have had.  Litigation can be remarkably stressful but also very satisfying and probably a lot more fun than other areas of law.

 

 

Probably if I was to be truthful when it finished.

 

I found the study very difficult  as it was such a novel topic.  I also found it difficult because it was taught in a very “dense” way.  A lot of the books that were given to us as texts were in fact reference books used by practitioners.

 

I  must  say though   what  I  enjoyed  were  some  of  the  lecturers  who  were  remarkable characters, some of whom are still lecturing today at Canterbury. They were very dedicated, and very animated in their desire to teach and their love of the law.

 

When I first started practise, as indeed throughout  my career, I was a Court lawyer.   This inevitably led me into a practise of the criminal law. Initially I was a defence lawyer for some

 

10 years, during a time when legal aid was provided on the basis of enabling the impecunious citizen in able and fair defence.

 

I became very enamoured of the basic proposition that every person has an absolute right to a fair .trial, that that is absolute above all. It  also means that  even the guilty have the same absolute right.

 

The practise of criminal law led to the Crown Solicitor’s Office, almost inevitably is that  is where you obtained the best training and best experience.

 

 

I think I have two, firstly remember that what we do is a profession and an art form. Secondly, do not become an accountant.

 

In terms of how I approach the practise of law, it simply doesn’t matter to me whether the case is a high profile one or whether it is of no interest to anyone but the defendant.

 

Part of being a litigator particularly in the criminal law, is to realise that regardless of whether the media become interested the rights of your client are inalienable. The cases I deal with in this area, range from murder through to shoplifting, I think it is essential that you do not let the media determine how you run a case and that you apply the same exacting standard to the Crown/Police case regardless of what the media’s view may be.