The camp of Sen. Jinggoy Estrada has asked the Sandiganbayan Fifth Division to reconsider its decision allowing former Public Works Secretary Manuel Bonoan to be discharged from a plunder case and testify for the prosecution.

In a 20-page motion, Estrada’s lawyers alleged “foul play” and “unfair practice” on the part of state prosecutors, questioning what they described as Bonoan’s “belated change of heart” after charges had already been filed.

“Accused Bonoan’s sudden ‘cooperation’ raises more doubt as to his qualification as a State witness,” the motion read.

Estrada’s camp argued that Bonoan only submitted a letter to the Office of the Ombudsman seeking exclusion from the case after it had already been filed before the Sandiganbayan.

The lawyers also questioned why prosecutors did not secure Bonoan as a state witness during the preliminary investigation, arguing that the Ombudsman failed to properly exercise its prosecutorial discretion.

They reiterated that the prosecution’s requested amendment was substantial rather than merely formal and claimed that the change prejudiced the rights of the accused who had already been arraigned.

At the time, Estrada was the only accused who had yet to enter a plea, while several former Department of Public Works and Highways officials had pleaded not guilty.

The Sandiganbayan Second Division, which is handling a separate graft case involving Estrada and Bonoan, earlier denied a similar motion to discharge Bonoan as a state witness.

Bonoan posted bail in that case.

He has since appeared before the anti-graft court as a witness in a separate malversation case involving former senator Ramon “Bong” Revilla.