Fernando Alonso escaped penalty on Sunday despite using the 'DRS' system outside the designated zone in the Chinese grand prix.
Replay footage has emerged showing the Ferrari's rear wing flap deploying as he pursued Michael Schumacher in Shanghai.
David Coulthard, veteran driver and now commentator for British television, said the Spaniard was not deliberately cheating.
"I fail to see what he would have done from the cockpit," the Scot said on the BBC late on Sunday.
"He knows the wing is not available at that point so it's pointless pulling the paddle, and we know they've had difficulties with that system in the past, so I wonder it that's just a mechanical or software issue," added Coulthard.
"There's no way Ferrari can circumnavigate the regulations so that's clearly teething trouble."