As they went before Chief Magistrate Marcia Ayers Caesar's in the 8th Court, Mr. Duke's lawyers John Heath and Gilbert Petersen argued that their client's cell phone was seized by investigators on May 12th, the same day he surrendered to police, but it has not been returned.
After his appearance, Mr. Duke explained why his phone should be handed over to his lawyers.
"We believe the cell phone has credible evidence that would be able to be used positively in our defence and we are therefore made the request via the Magistrate that the phone should be returned to my Attorney."
Mr. Duke was granted bail in the sum of $250,000 on May 16th following an alleged rape charge which was made by a 33 year old woman who claimed that she was assaulted after a meeting at the Hyatt Regency Hotel.
He is to return to court on July 14th.