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Fiosrú Rule That Gardaí 'Acted Appropriately' Before M9 Crash

By Dalton MacNamee
18/09/2026
Est. Reading: 2 minutes

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Fiosrú have ruled that Gardaí "acted appropriately" regarding their pursuit of a vehicle which was involved in a fatal crash with another car while driving the wrong way on the M9 in Kildare last month.

This comes after five teenage boys were killed in the collision on August 16. They were named locally as Joe Carthy from Athy, Co Kildare; Alex McCarthy from Carlow; Kamil Pustkowski from Limerick; Jeremy O'Brien and Jack Kennedy. More on this here.

Following its investigation, Fiosrú have ruled that Gardaí were following the car on N78 in Athy, Co Kildare for a short period prior to joining the M9 against the direction of traffic, before it collided with an oncoming vehicle.


The collision also saw four family members from a second car, including three woman and a seven year old boy, suffer serious injuries in the crash. They continue to recover from their injuries.

Fiosrú, the office of the garda ombudsman, found that Gardaí pursued a BMW car and permission to continue this pursuit had been granted by the garda control room. They added that other garda units had also attempted to place a stopping device at an appropriate station.

It was also found that the car in question had undertaken a number of U-turns, before it collided with an oncoming vehicle, causing the fatal crash.

They concluded that the Gardaí involved with the crash had acted in accordance with the law, with garda policies and procedures.

CCTV and radio transmissions were also obtained and used as part of this investigation, along with a briefing from the forensic collision investigator.

"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," Police Ombudsman, Emily 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". (All quotes according to RTÉ).

Written by Dalton MacNamee

Dalton Mac Namee is a content writer for Classichits.ie and a freelance GAA reporter from Louth, Ireland.

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