Fiosrú clears gardaí over pursuit before M9 collision that killed five teenagers

The scene on the M9 northbound at Junction 3 in Co Kildare where where five people died and four others were seriously injured after a head-on collision between two cars. File picture: PA

Gardaí who followed a car before a head-on collision in which five teenagers died on an Irish motorway acted appropriately, a watchdog investigation has found.

A child and three women from the same family were also seriously injured in the crash on the M9 in Co Kildare last month when they were hit by the car being driven by the five youths, which was travelling in the wrong direction.

Fiosrú, the police ombudsman in Ireland, said gardaí “acted in accordance with the law as well as relevant garda policies and procedures”.

Fiosrú said gardaí had been following the car on the N78 in Athy for a short period before it joined the M9 motorway against the direction of traffic in the early hours of August 16.

The investigation examined evidence relating to the actions and decisions of gardaí during their interactions with the car, including the nature and extent of contact before the collision.

Investigators obtained and reviewed CCTV and radio transmissions and received a briefing from the forensic collision investigator.

Garda pursuit ended on M9

Fiosrú established that on the day of the collision, gardaí had pursued a BMW car.

It said permission to continue the pursuit was granted by the garda control room.

After the BMW entered the M9 dual carriageway, the garda vehicle terminated the pursuit and the control room confirmed that the pursuit should not continue.

The report said other garda units attempted to place a stopping device, but the BMW undertook a number of U-turns before fatally colliding with an oncoming car.

Police ombudsman Emily Logan said: “Our role is to establish and examine the circumstances of what happened.

“Fiosrú’s independent investigations into referrals of death or serious harm form an important element in the protection of fundamental and human rights in the State.

“Fiosrú’s investigation was independent of gardaí and aimed to understand events leading up to the collision.

“It found that gardaí acted appropriately, within the law and in line with relevant policies and procedures as determined by the garda commissioner.

“Every death on our roads brings untold grief to families and communities.

“My thoughts are with family and friends and all those affected by this devastating incident, including the gardaí who attended the scene.”

Commissioner welcomes findings

Garda Commissioner Justin Kelly welcomed the Fiosrú findings.

He said: “I have previously highlighted the really challenging situation members of An Garda Síochána are put in dealing with such incidents as gardaí do what they can to stop such vehicles while also taking into consideration all other road users.

“I have also spoken publicly about the need for increased statutory protections for gardaí when driving as part of their duty to keep people safe.” 

Following the M9 crash, the capability of gardaí to pursue vehicles in dangerous circumstances has come under increased scrutiny.

Three sisters who were seriously injured in the crash, Ella Hendricken, Niamh Kinsella and Alma Kinsella, have since said they are “getting stronger” every day.

They were with a young boy on the way to Dublin Airport for a holiday when the collision occurred.

The funerals of the five teenagers who died – Joe Carthy, Jack Kennedy, Alex McCarthy, Jeremy O’Brien and Kamil Pustkowski – took place in the days after the crash.