Gardaí acted appropriately before fatal M9 crash, Fiosrú investigation finds

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 “acted appropriately, within the law, and in line with relevant policies and procedures” before a fatal head-on collision on the M9 motorway in Co Kildare, an independent investigation has found.

Fiosrú, the garda oversight body, investigated the circumstances surrounding the collision after receiving a mandatory referral from gardaí on August 16, 2026.

Gardaí had been following a BMW on the N78 in Athy shortly before it joined the M9 motorway travelling against the direction of traffic.

Permission to continue the pursuit had been granted by the Garda Control Room, but the Garda vehicle terminated the pursuit after the BMW entered the M9 dual carriageway.

The Control Room subsequently confirmed that the pursuit should not continue.

Other Garda units attempted to place a stopping device at an appropriate location, but the BMW made a number of U-turns before colliding with an oncoming vehicle.

Five people travelling in the BMW died in the collision, while four occupants of the other vehicle were seriously injured.

Fiosrú investigation 

Fiosrú examined the actions and decisions of gardaí during their interactions with the BMW, including the nature and extent of Garda contact before the collision.

Investigators reviewed CCTV footage and radio transmissions and received a briefing from a Forensic Collision Investigator.

The investigation concluded that the actions of gardaí were in accordance with the law and relevant Garda policies and procedures.

Police Ombudsman Emily Logan said the referral was mandatory because the incident involved a death following contact with gardaí.

"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," Ms Logan said.

"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."