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No reason why you couldn't. Flash could obviously be used for the images as it has been but there's no reason why you couldn't create a very similar menu using CSS which could work very similarly and also be accessible to search engines. The main content could also be in HTML and you could also use AJAX to enhance the functionality to limit page reloads if you wanted to replicate that functionality.
I think you've probably got me down as a Jakob Nielsen (all links must be blue and turn purple) kind of person but this isn't what I'm saying in the slightest. Create a website using good semantic code that's accessible and then use CSS to style it how you wish, use JavaScript/Ajax to improve functionality and use Flash if you want to enhance the presentation.
I'm not sure why this is a problem? Supporting IE5.5 and upwards requires a little extra knowledge but once you understand the bugs and their fixes there's no reason why you can't easily support the majority of users.
The accessibility debate is a whole other topic but the gist of my initial post was to point out that there's no need to go out of your way to hinder accessibility.
Use as much creative flair to enhance the appearance and functionality as you can but just ensure that the bolts that actually hold the site together are accessible as it's not even remotely hard to achieve a basic level of accessibility which will help users and search engines alike.
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