Rival AFL clubs will reluctantly allow their VFL talent to join Essendon as top-up players, realising this is the most practical option to ensure the NAB Challenge and the AFL season proceeds amid the ongoing supplements saga.
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Several clubs on Monday privately admitted it "wasn't ideal" that they could lose players to the Bombers, even though these players were not on their primary AFL list. However, all clubs are keen for as less distraction as possible heading into the new season.
The AFL Commission ruled on Monday that the Bombers would be restricted to signing a maximum of two players per any VFL and state-league based side to help fill their side, initially for the pre-season competition.
The 25 players from the club's 2012 list will not take part in the competition, helping to protect the anonymity of the 17 provisionally suspended and charged with taking the banned dug, thymosin beta-4.
The Commission also ruled the Bombers could temporary sign any player not currently on an AFL list but who had been on an AFL list in the last two seasons.
The league said its general counsel Andrew Dillon had the power to make an exception to this "but only in the circumstance that it does not unfairly disadvantage any other club".
In a statement, the AFL said the Commission had "also ruled that any payments to a temporary player will be included in Essendon's Total Player Payments but they will be provided with a TPP allowance for those payments in a manner similar to the operation of the injury allowance".
Dillon has the power to determine ongoing list concessions should, for instance, a top-up player be suspended.
The AFL said it would continue working with Essendon and the AFL Players Association "to ensure appropriate terms and conditions for the temporary players including minimum payments and provisions for injury, insurance and medical".
Dillon said the concessions and policy recommendations would allow the Bombers to field a team during the NAB Challenge and "allows them to enact a contingency in the event that players are suspended for the premiership season". He said it was a "suitable outcome" for the competition.
"This is a reasonable and sensible package of concessions that recognises the unprecedented situation facing our competition, does not unfairly disadvantage other clubs, and allows Essendon to field a team," Dillon said.
The list concessions came as the Australian Sports Anti-Doping Authority's case against Essendon officially closed, having presented its oral submission.
Having already submitted what is believed to be a document of more than 300 pages, ASADA's counsel, Malcolm Holmes, QC, completed his case against the 34 current and former Bombers, and Stephen Dank, the man at the centre of the 2012 injecting program, before the AFL's anti-doping tribunal.
David Grace, QC, representing 32 of the 34 players, and Neil Clelland, QC, representing the remaining two players, Western Bulldogs forward Stewart Crameri and VFL player Brent Prismall, will begin presenting their oral submissions on Tuesday. The AFL will also deliver its final word.
The anti-doping tribunal, under the chairmanship of former County court judge David Jones, is due to begin deliberations from Wednesday.
The AFL is confident Jones and his panel will reach a decision within a month.
