Gardaí “acted appropriately” when they followed a vehicle before it crashed while travelling in the wrong direction on the M9 motorway in Co Kildare last month, Garda watchdog Fiosrú has said.
Five teenagers – Kamil Pustkowski (17) from Limerick; Jack Kennedy (17) from Athy, Co Kildare; Jeremy O’Brien (18) from Carlow; Joe “Joey” Carthy (15) from Athy; and Alex McCarthy (17) from Carlow – died in the collision at about 3am on August 16th.
Three women and a child who were in a Hyundai car hit head-on by the BMW that the teenagers were travelling in were seriously injured.
“Gardaí who followed a vehicle before its involvement in a fatal head-on collision on the M9 motorway in Co Kildare 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, where it later collided with an oncoming vehicle.”
Fiosrú said it had examined evidence “related to the actions and decisions of gardaí during their interactions with the car”, including the nature and extent of contact before the crash.
“During the course of Fiosrú’s investigation, investigators obtained and reviewed CCTV and radio transmissions and received a briefing from the forensic collision investigator,” it said.
Left to right: Jeremy O’Brien (18), Alex McCarthy (17), Joey Carthy (15), Jack Kennedy (17) and Kamil Pustkowski (17) died in the M9 crash last month. Photograph: Social Media accounts/RIP.ie
“Fiosrú established that on the day of the fatal collision, gardaí had pursued a BMW car. 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.
“Other Garda units attempted to place a stopping device at an appropriate location, however the BMW undertook a number of U-turns, before fatally colliding with an oncoming car.”
Fiosrú became involved in the case following a referral by An Garda Síochána, which must alert the agency to any incident where serious injury or death occurs after an interaction with the force. It said the M9 incident was the sixth referral it had received since 2021 relating to the Garda and “vehicles being driven the wrong way on motorways and national roads”.
“Fiosrú’s investigation was independent of gardaí and aimed to understand events leading up to the collision,” said Police Ombudsman Emily Logan. “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.”
An Garda Síochána welcomed the finding and said it continues to investigate all the circumstances surrounding the crash.
“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,” Garda Commissioner Justin Kelly said.
“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.”
Alma and Niamh Kinsella and their younger sister Ella Hendricken were seriously injured in the crash and a seven-year-old relative of the women was also taken to hospital.
Sisters Ella Hendricken, Niamh Kinsella and Alma Kinsella were injured in the crash, as well as a seven-year-old boy they were travelling with
A GoFundMe appeal set up for the four relatives, who were driving to Dublin Airport to fly out to the UK for a wedding, has raised more than €830,000.
In a statement, the three sisters said they were taking things “one day at a time” and “continuing to focus on getting stronger”.
“We’re incredibly grateful for all the kindness, messages and support that have been shown to us and our family,” they said. “The past few weeks have been incredibly difficult for all of us, but the support we’ve received from so many people has meant more than we could ever put into words.”
Following the crash, the Garda Commissioner said some people were driving down motorways in the wrong direction in an attempt to get social media “likes”, which was “appalling”. In an appearance before the Oireachtas Justice Committee this week, the Garda Representative Association called for people who posted such footage to be prosecuted.
TikTok was criticised by politicians and road safety advocates as the primary social platform where this type of content was being posted. The company initially declined invitations to appear before the Oireachtas Media Committee, arguing it would not be appropriate if it were the only social media platform to attend, but committee chair Alan Kelly TD later said TikTok had a “change of heart” and would attend.
The Government has since announced plans for harsher penalties for “aggravated” dangerous driving, including deliberately driving the wrong way down a motorway, under legislation due to be enacted before the end of this year.
The crash also raised questions about pursuit training for gardaí and led to the force putting arrangements in place for members. However, the Oireachtas Justice Committee this week heard that just six frontline gardaí were likely to get the training by the end of this year and it could be 2028 before significant numbers complete the course.