That both those quotes are saying that if she isn't charged and prosecuted some how shows that she is not in contempt, despite your statement 'If someone isn't prosecuted then you have a point'
Still struggling to understand your point. Perhaps I can explain using a different example.
If I am accused of speeding and for whatever reason I am not prosecuted (e.g. no speed camera etc) then that does not mean I have not acted unlawfully. However if I am prosecuted but I am acquitted then legally we would consider that I would not have been found to have been acting unlawfully.
But there is a broader point, which was what I was making earlier.
Given that McLaughlin has very clearly tweeted that she thinks Sturgeon is innocent (in CAPITALS no less) and she is not just an ordinary member of the public but an MP in the public eye then this sets up an interesting test case to assess the threshold for comments in the media sufficient for contempt. Also, unlike my speeding example there cannot really be an issue of evidence - we have the tweet. So there are a few possible outcomes here.
First she may be prosecuted for contempt and found guilty - this would providing an indication of where the threshold bar sits - clearly as a public figure, stating that someone is innocent would be contempt.
Secondly she may be prosecuted and not found guilty - in which case we would conclude that the bar is a heck of a lot higher than politicians who use the stock phrase 'cannot comment on a live case' effectively to avoid answering difficult questions.
Thirdly she might not be prosecuted at all - now that would tell us that either there isn't sufficient evidence to secure a conviction (which again would tell us something about where that threshold bar lies), or that persecution would not be considered to be in the public interest. But even in the latter case, with such a clear statement of innocence from a public figure, surely this again would clarify the threshold to secure a conviction or for a prosecution to be in the public interest.
I've long suspected that politicians suggest the bar is way lower than it actually is. Unless McLaughlin is actually prosecuted and convicted this would suggest my suspicions are correct.
