A German court says it’s unlikely the trial of a former Nazi concentration camp guard that collapsed in December over concerns about the defendant’s health will resume, after a doctor found the 95-year-old still unfit to face the court.

The Muenster state court said Monday that judges still need to make a final decision and the prosecution can appeal, but it seems unlikely Johann Rehbogen’s trial can be restarted.

The trial was broken off in December after Rehbogen, a former SS guard at the Stutthof concentration camp, was hospitalized for heart and kidney issues, causing several hearings to be canceled.

The court ended the trial under German legal regulations preventing overly long gaps, but said it could be restarted from the beginning if Rehbogen’s health improved.

Rehbogen was one of two former Stutthof guards under investigation by the Dortmund prosecutors’ office. Even though their times at the camp overlap, their cases have already been separated because the other suspect was deemed unfit for trial.

Rehbogen, however, appeared outwardly healthy when his trial opened Nov. 6, listening attentively to the proceedings and answering basic questions from the judges.

He is accused of serving as a guard at the Stutthof camp, east of Danzig, which is today the Polish city of Gdansk, from June 1942 to about early September 1944. More than 60,000 people were killed in the camp and he faces hundreds of counts of accessory to murder on allegations that, as a guard, he aided in the process.

In a statement to the court read by his attorney, Rehbogen told the panel of judges in one session that while he served at Stutthof, he was “not a Nazi.” He suggested that he knew prisoners were being mistreated, but denied any knowledge of the camp’s gas chamber or any participation in killing them.

“As a Christian it was hard for me to be part of all of it,” Rehbogen told the court. “But I was too scared to protest.”

(AP)