The guy should be prosecuted and held responsible for his actions. The hypocrisy lies in the fact that the court has him swear on a book that glorifies the very behaviour that he is being prosecuted for. How many times does God threaten to smite the unbelievers?
It is just a pet peeve of mine. I mean, why don't we swear on the constitution or the bill of rights or some other laudable text that everyone can get behind?