Australian swimmer Craig Stevens will appear on television this evening to confirm that he is pulling out of the 400m freestyle event at the Athens Olympics.
Stevens' withdrawal will enable his team mate Ian Thorpe to automatically take his place.
Thorpe, the world record holder, was disqualified at last month's Olympic qualifiers when he lost his balance and fell in to the water before his heat.
The 21-year-old, known as the "thorpedo", appealed and lost but a loophole was discovered allowing Stevens to stand aside for him.
The Australian Olympic Committee was concerned about any possible legal challenges so sought clarification that Thorpe would be allowed to replace Stevens ahead of Josh Krogh, who finished third behind Grant Hackett and Stevens at the trials.
Alan Sullivan, one of two barristers who looked at the case, released his on April 15, saying: "In my opinion it is Mr. Thorpe and not Mr. Krogh or any other swimmer who satisfies the nomination criteria."
Krogh, a training partner of Stevens at the Australian Institute of Sport, said he would not challenge the ruling.
"Regardless of Craig's decision, the fact remains I didn't qualify in that event -- I've moved on and will not be swimming at the Athens Olympics," Krogh said.
Stevens will swim the 1500m freestyle and 4x200m relay at Athens.
- AGENCIES
Swimming: Stevens stands aside for Thorpe
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