Gardaí acted appropriately prior to fatal crash on M9 in Kildare, Fiosrú says
Five teenagers were killed in the incident in August
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 County Kildare last month when they were hit by the car being driven by the five youths which was travelling in the wrong direction.
Police Ombudsman Fiosrú, said Gardaí “acted in accordance with the law as well as relevant garda policies and procedures”.
Fiosrú said Gardaí had been following the car in which the five teenagers were travelling on the N78 in Athy for a short period prior to it joining the M9 motorway against the direction of traffic in the early hours of August 16.
The investigation examined evidence related to the actions and decisions of Gardaí during their interactions with the car, including the nature and extent of contact prior to the collision.
Investigators obtained and reviewed CCTV and radio transmissions, and received a briefing from the forensic collision investigator.
Fiosrú established that on the day of the collision, Gardaí had pursued a BMW car.
It said that permission to continue the pursuit was granted by the garda control room.
After the BMW entered the M9 dual carriageway, the garda vehicle terminated its 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.”
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.