HALIFAX - The political future of a former Nova Scotia cabinet minister charged with fleeing the scene of a minor traffic accident could rest with a judge's verdict that's scheduled to be delivered Tuesday in provincial court.

Judge Bill Digby will decide whether Ernie Fage left the accident scene on Nov. 24, 2006, out of fear for his safety, or because he was trying to avoid criminal or civil liability.

During a three-day trial held last month, the former human resources minister testified that he left because he "felt very threatened" by the actions and what was said by a witness, photographer David Gamble. But other witnesses, including George Myrer, the man whose vehicle was rear-ended in the accident, testified the politician appeared drunk at the time.

Three other witnesses, including NDP Leader Darrell Dexter and television news anchor Steve Murphy, also testified that they had seen Fage drinking at a local pub during an outing to mark the end of the fall sitting of the legislature last year.

Fage said he only had three glasses of wine over a five-to six-hour period and wasn't impaired.

Although Digby reserved his decision, before he adjourned the case last month he asked Fage's lawyer David Bright what he made of his client's actions following the accident.

"He (Fage) finds himself involved in an accident and at least two witnesses expressed the belief that he is intoxicated and under the influence of alcohol," Digby said. "Mr. Fage is a public figure with a reputation to protect. ... Why not seek out police?"

If convicted of the summary offence, Fage who has pleaded not guilty, could face a maximum penalty of six months in jail, a $2,000 fine, or both.

Fage's resignation is not the first time he was forced to leave cabinet under a cloud of suspicion.

He stepped down as economic development minister in February 2006 after admitting that he failed to tell cabinet that a potato farm in line for a $250,000 government loan rented land from his family.

The legislative member for the riding of Cumberland North, was involved in the fender bender in downtown Halifax just after midnight on Nov. 24 of last year.

But news of the accident didn't become public until Jan. 4 when a television report showed cellphone photos and video taken the night of the accident. Fage resigned from his post as human resources minister just two hours later.

A firestorm of media attention became a scandal for the province's minority Conservative government after it was revealed that senior staff in Premier Rodney MacDonald's office knew about the accident earlier than they had first stated.

Questions were also raised about what the premier knew and when. MacDonald has maintained that he first found out about the accident on Dec. 4, 2006, but didn't learn the details until media reports surfaced in January.

The premier was also faced with questions about what he would do with Fage, who was eventually asked to leave the Tory caucus until his legal problems were sorted out.

It remains unknown whether further action will be taken by the premier following the judge's verdict. MacDonald hasn't commented while the case is before the courts.