Does not suing someone mean you're guilty?

Moronic bleating from old smellyface in today's Mail in 'If I'm not here on Friday, you'll know I've been nicked'. Twat.

I'm staying out of the whole Damian Green thing, other than commenting on how the coverage of it in the press is making me want to eat my own head (ooh - they used the word 'grooming', which only has one meaning EVAR) because just like everyone else, I don't really know what happened.

This, from Littlejohn is interesting though:

Jacqui Smith continues to insist she had no advance knowledge of the arrest of Damian Green. If you ask me, I reckon she's lying through her teeth. You can smell her duplicity. Of course she must have known.

If she says I'm wrong, she can sue and let's have it out in open court, with her on oath.

If we're meant to take anything from Smith's inevitable failure to take Littlejohn up on his invitation, can we infer the same from Littlejohn's failure to take Johann Hari up on his invitation to sue over accusations of being a racist homophobe?

Is this a tacit admission?