Gardaí “acted appropriately” during their pursuit of a vehicle prior to the fatal crash involving a car driving the wrong way on the M9 in Kildare last month, the office of the police ombudsman, Fiosrú, has found.

Five teenage boys died in the head-on collision on the motorway on 16 August.

As part of its investigation into the incident, Fiosrú said gardaí had been following the car on the N78 in Athy, Co Kildare, for a short period before it joined the M9 against the direction of traffic.

The car then collided with an oncoming vehicle.

Four family members in the second car – three women aged in their 20s and 30s and a seven-year-old boy – were seriously injured in the crash and are continuing their recoveries.

Fiosrú established that gardaí had pursued a BMW car and permission to continue the pursuit was granted by the garda control room.

Other garda units also attempted to place a stopping device at an appropriate location, Fiosrú said.

However, the BMW undertook a number of u-turns, before fatally colliding with an oncoming car, the investigation found.

CCTV and radio transmissions were obtained and used as part of the investigation as was a briefing from the forensic collision investigator.

Fiosrú concluded that gardaí involved in the pursuit acted in accordance with the law as well as relevant garda policies and procedures.

The investigation marked the sixth referral to the police ombudsman between 2021 and 2026 relating to garda interactions with vehicles being driven the wrong way on motorways and national roads.

Police Ombudsman Emily Logan said that it is mandatory for gardaí to refer fatal incidents involving contact with gardaí to the office.

“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.”