It's not a nothing penalty, if it was, why are you insisting on it? It must mean something if you are so determined.
Also there is a reason were are doing this negotiation. Afl knows if efc want to fight their charges, we are all off to court, $10m+ in total legal fees for all parties is the estimate. Also it means efc get an injunction to prevent the afl booting them from finals before their case is heard.
Afl don't want to lose $5m in legal fees, and have efc play in finals, so they want to deal.
Problem is they are not prepared to give up anything, efc is not kowtowing, so unless something changes, we are off to court.
On your last question, I'll repeat myself again (even though you know the answer). I am a fan of due process. We are asking efc to accept a deal which is an admission of guilt without any chance to defend themselves. I would actually prefer this to be heard in an open hearing, and then let the cards fall where they may. Unlike some, I don't let tabloid journos tell me what to think or what to get indignate about