Fiosrú investigation finds gardaí acted appropriately prior to fatal road traffic collision on M9 in Kildare
Press release: 18 September 2026
Gardaí who followed a vehicle prior to its involvement in a fatal head on collision on the M9 motorway in county Kildare acted in accordance with the law as well as relevant Garda policies and procedures, a Fiosrú investigation has found.
Fiosrú began its independent investigation into the incident on foot of a mandatory referral from gardaí on 16 August 2026. Gardaí had been following the car on the N78 in Athy for a short period prior to it joining the M9 motorway against the direction of traffic, where it later collided with an oncoming vehicle.
Fiosrú’s investigation examined evidence related to the actions and decisions of gardaí during their interactions with the car, including the nature and extent of garda contact prior to the collision. The purpose of the investigation was to establish whether gardaí acted in accordance with the law and police policies and procedures.
During the course of Fiosrú’s investigation, 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 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. The five occupants of the BMW died and four occupants of the car it collided with were seriously injured.
The garda referral to Fiosrú of the M9 incident is the sixth referral that the oversight body received between 2021 and 2026 that relate to garda interactions with vehicles being driven the wrong way on motorways and national roads.
The Police Ombudsman, Emily Logan, said:
“When someone dies in incidents involving contact with gardaí, it is mandatory that the matter is referred by gardaí to Fiosrú to investigate. 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.”
Editor’s Note
Section 203(1) of the Policing, Security and Community Safety Act 2024 provides for the referral to Fiosrú by An Garda Síochána of any matter concerning death of, or serious harm to, a person.
‘The Garda Commissioner shall, subject to subsection (2), without delay, refer to the Police Ombudsman any matter that appears to the Garda Commissioner to indicate that the act or omission of a member of garda personnel may have resulted in the death of, or serious harm to, a person.’
Fiosrú must then appoint a designated officer to conduct an investigation under section 208(1)(b) of the PSCS Act 2024.
A referral does not necessarily mean a garda or gardaí have been accused of wrongdoing. Instead, it means that Fiosrú should independently investigate the incident to ascertain whether or not an act or omission of a garda may have resulted in the death of, or serious harm to, a person.
ENDS