Independent probe finds Gardaí acted lawfully in pursuit of M9 car carrying Limerick teen

Gardaí stopped following the BMW carrying the five youths as soon as it drove off the N78 and onto the M9.

GARDAÍ acted lawfully in their pursuit of a car carrying five youths, including a Limerick teen, who all died after they drove the wrong way on the M9 motorway, crashing into another car and injuring its occupants, a report by Fiosrú found.

Kamil Pustkowski (17) from Raheen died alongside Jack Kennedy (17), Jeremy O’Brien (18), Joe Carthy (15), and Alex McCarthy (16) in the collision, which resulted in serious injuries caused to the occupants of the other car, including a child and three women.

Fiosrú, formally known as the Garda Síochána Ombudsman Commission (GSOC), found that Gardaí who had followed the car carrying the youths along the N78, prior to it driving onto the M9, “acted in accordance with the law as well as relevant Garda policies and procedures”.

Fiosrú said its independent investigation examined evidence relating 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”.

Fiosrú said it received a briefing from a forensic collision investigator and also examined “CCTV and radio transmissions” relating to the Garda pursuit on the night.

It said it established that after Gardaí had initially followed the 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,” Fiosrú said.

“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.”

Responding to Fiosru’s findings, Garda Commissioner Justin Kelly said: “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.”

“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.”

Earlier, Commissioner Kelly said the Gardaí involved in the interaction with the BMW prior to its fatal collision were being offered “all the supports” from Garda HQ.

“They obviously all remain fully on duty,” he said. “I want publicly just to thank all the guards who worked around that horrendous incident that night dealing with a really difficult scene, and even what happened before that.”

An Garda Síochána said it is continuing to investigate all aspects of the fatal collision.