Re: Did he pay the appropriate fare for the journey?
NFC devices are easily available and not that hard to program. If the manufacturers of Opal cards have not made an outstanding effort to secure their device then it may be possible to create an imitation that pretends to hold money you never paid. Being encased in plastic with a pretty picture provides (some) evidence that the chip is genuine and has not been modified.
I can see why these terms of use are important but I would have tried hard to explain this to Mr Meow-Meow and get an out-of-court settlement rather than hope I can explain it to a judge (risky), journalists (probably not) and commentards (perhaps a few here but rest of the world: no chance).